Law: Khyber Pakhtunkhwa Public Service Commission Regulations, 2003

Section: 29(k)

Khyber Pakhtunkhwa Public Service Commission Regulations, 2003--- ----Regln. 29(k)---Appointment against the post of Executive District Officer/Additional Director (BPS-19)---Additional qualification---Grant of additional marks by the Public Service Commission after recommendation for appointment---Scope---Public Service Commission awarded two additional marks to the respondent after recommendation for his appointment---Validity---Two additional marks were added after recommendations were issued by the Public Service Commission to the Provincial Government---Public Service Commission at the relevant time had no jurisdiction to add two additional marks to the respondent when similar request was earlier declined---Public Service Commission (Commission) had awarded additional marks when it was functus officio, however, record showed that respondent was legally entitled for grant of said additional marks---Public Service Commission, therefore, had not caused any injustice to the parties rather had cured/rectified its irregularity---High Court refused to issue any writ for setting aside the impugned order passed by the Commission---Mere delay in filing a constitutional petition per se was no ground to dismiss the same if impugned action of Commission was based on mala fide and against law---Impugned action in the present case was not based on mala fide rather was passed to grant a person what was his due right---Constitutional petition was dismissed, in circumstances. Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner PLD 1973 SC 236 and Messrs Best Buy Computers, Lahore v. Director, Intelligence and Investigation (Customs and Excise), Lahore and others 2009 SCMR 19 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Petitioner Muhammad Riaz Swati seeks the constitutional jurisdiction of this Court praying that:- "It is, therefore, very humbly prayed that this Honoruable Court may graciously be pleased to declare that respondent No. 1 or its official was having no lawful authority to award two additional marks to respondent No. 3 on the basis of a degree which as per rules and regulation of respondent No. 1 was minimum prescribed qualification,…

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