Law: Constitution of Pakistan, 1973

Section: 199

Interpretation of Statute-- ----Principle of harmonization is to be follow, while interpreting a statute--Law should saved rather than to be destroyed and Courts must lean in favour of upholding constitutionality of law keeping in view rule of interpretation of statute. PLD 2010 SC 983, PLD 2010 FSC 1, 2006 SCMR 1005, ref. Constitution of Pakistan, 1973-- ----Art. 199--Policy matters--Constitutional jurisdiction--Scope--It is a settled principle of law that Policy decisions are not interfered by Courts under constitutional jurisdiction unless found arbitrary, unconstitutional and against public interest. [P. 86] B PLD 2014 SC 1, 2011 SCMR 1621, ref. Promotion-- ----Punjab Public Service Commission Regulations, 2016--Reglns. 33 & 34--Police Order, 2002, Arts. 7 & 3(C)(a)--Appointment of Sub-inspector through promotional Quota--Examination--Restriction to three Chances--Significance and purpose--Held: The rationale and legislative intent behind a restriction of availing not more than three chances amongst ASI and Head constables was to give an opportunity to another employees who are performing their duties in department and also to avoid an endless exercise on part of unsuccessful candidates--Petition was dismissed. [P. 87] C JUDGMENT Through the instant constitutional petition, challenge has been thrown to Regulations No. 33 and 34 of the Punjab Public Service Commission Regulations, 2016 with reference to appointment through promotional quota for Sub-Inspector of Police Department amongst Head Constables and Assistant Sub-Inspectors. 2. Precisely the facts of the case are that the petitioners are serving as Assistant Sub-Inspectors in the Police Department since 2009, 2010 and 2011. In the year 2013 an amendment was brought in Police Order, 2002 whereby in terms of Section 7 Sub Clause 3(c)(a), 25% quota was reserved for Departmental Promotion through selection on merits for Sub-Inspector by Punjab Public Service Commission amongst Head constables and Assistant Sub-Inspectors holding Bechlor's Degrees. Respondent department had been advertising the said posts of Sub-Inspectors in Police to be filled up through competitive examination in promotional…

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