| Citation(s) |
|---|
| 2017 SLG 728 2017 SLD 728 2017 PLC 414 |
Supreme Court of Pakistan
Civil Petition No. 582-K of 2016, decision & hearing dated: 26-08-2016. (Against the judgment dated 28.6.2016 passed by High Court of Sindh, Circuit Court Larkana in Constitutional Petition No. D-438 of 2016)
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Adnan Karim, Additional A.G.
Respondent(s) by: Athar Abbas Solangi, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record
Civil Petition No. 582-K of 2016, decision & hearing dated: 26-08-2016. (Against the judgment dated 28.6.2016 passed by High Court of Sindh, Circuit Court Larkana in Constitutional Petition No. D-438 of 2016)
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, KHILJI ARIF HUSSAIN, JUSTICE
Petitioner(s) by: Adnan Karim, Additional A.G.
Respondent(s) by: Athar Abbas Solangi, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record
AMIR HANI MUSLIM, JUSTICE MUSHIR ALAM, JUSTICE KHILJI ARIF HUSSAIN, JUSTICE PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND OTHERS
VS
IMRAN BADAR
Law: Civil Service (Executive Branch) Rules, 1964
Section: R.5(1)
Law: Constitution of Pakistan, 1973
Section: 25,199
Law: Civil Servants Act, 1973
Section: 26
Law: Sindh Public Service Commission Act, 1990
Section: 11
Civil Service (Executive Branch) Rules, 1964--- ----R. 5(1) [as amended by Notification dated 02-02-1999]---Recruitment Management Regulation, 2006---Sindh Public Service Commission Combined Competitive Examination---Grace marks, award of---Legality---Sindh Public Service Commission was not vested with any authority to award grace marks---Authority of Sindh Public Service Commission to grant grace marks to the deserving candidate was deleted vide a Notification dated 2-2-1999---Furthermore regulation 0743 of Recruitment Management Regulation, 2006, which provided for qualifying/passing criteria in the 'Combined Competitive Examination', specifically forbade concession of grace marks---Supreme Court observed that deletion of provision for grant of grace marks by Sindh Public Service Commission as contained in the Civil Service (Executive Branch) Rules, 1964 through amending notification dated 2-2-1999, was a positive step in furtherance of good governance aiming towards raising and increasing merits and high standard of professional competence of civil servants. N.W.F.P. Public Service Commission v. Muhammad Arif and others 2011 SCMR 848 ref. THIS ORDER PASSED BY: MUSHIR ALAM, J.--- Instant Petition for leave to appeal arises out of judgment dated 28.6.2016 passed by learned Bench of the High Court of Sindh, Circuit Court Larkana (in C.P No. D-438 of 2016), whereby Sindh Public Service Commission was directed to award grace marks to the respondent therein to qualify for the interview. 2. Facts in brief appear to be that the respondent appeared in Sindh Public Service Commission Combined Competitive Examination (CCE) 2013 held on 2.7.2013. He being one of the successful candidate, was called to appear in the written part of the CCE, 2013 examination, held from 7.4.2015 to 23.4.2015. In the examination held, only 664 candidates qualified for viva-voce/interview. The respondent though obtained aggregate qualifying marks failed by one mark in one of the compulsory subject as per prescribed qualifying criteria, thus disqualified and declared fail, which was challenged through Constitution Petition. 3. Learned Bench of the High Court in consideration of the fact that…
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