| Citation(s) |
|---|
| 2019 SLG 1091 2019 SLD 1091 2019 SCMR 622 |
Supreme Court of Pakistan
Civil Petition No. 2350 of 2015, decision & hearing Date : 17-12-2018. (On appeal from the Judgment/Order Dated 24.06.2015 of the Islamabad High Court, Islamabad passed in F.A.O. No. 93 of 2013)
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: G.M. Chaudhry, Advocate Supreme Court
Respondent(s) by: Nayyab Hassan Gardazi, DAG and Haroon-ur-Rashid, Dy. Dir.
Civil Petition No. 2350 of 2015, decision & hearing Date : 17-12-2018. (On appeal from the Judgment/Order Dated 24.06.2015 of the Islamabad High Court, Islamabad passed in F.A.O. No. 93 of 2013)
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: G.M. Chaudhry, Advocate Supreme Court
Respondent(s) by: Nayyab Hassan Gardazi, DAG and Haroon-ur-Rashid, Dy. Dir.
ABDULLAH NAWAZ CHEEMA
VS
FEDERAL PUBLIC SERVICE COMMISSION (FPSC), ISLAMABAD AND ANOTHER
Law: Rules for Competitive Examination, 2012
Section: R.25,25(i)
Rules for Competitive Examination (CSS), 2012--- ----R. 25 & Appendix II, Para. 7---Open merit quota and Women's quota---Where a female candidate secured sufficient merit to be allocated a group on the Open merit, she may opt for a better group, if that was available in the Women quota---Once she had opted for a better group, the one she had previously been allocated in Open merit would be left vacant---Said vacant group seat was then transferred to the Women quota which was short a seat when the candidate had opted for the then available better seat; this allowed for there to be a constant number of reserved seats in the Women quota without depriving deserving female candidates, higher on the merit list, better group seats---Male candidates otherwise not qualifying for allocation on open merit could not be given the benefit of allocation in the result of upgradation permissible to Open merit female candidates. FPSC and others v. Ms. Nargis Shazia Chaudhry Civil Petition No. 941 of 2010 ref. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.--- The Petitioner seeks leave to appeal against the Order dated 24.06.2015 passed by the Islamabad High Court, Islamabad in F.A.O. No. 93 of 2013. Through the impugned order, the appeal filed by the Petitioner was dismissed. 2. The controversy leading up to this matter is that a vacant seat in the CSS Women's quota was given to a female candidate who had secured a lower merit position than the Petitioner. The Petitioner had taken and qualified the 2012 CSS examination wherein he secured 673rd Position. However, he could not be allocated a group. Thus, aggrieved, he filed a representation before the Federal Public Service Commission ("FPSC"), which by placing reliance on the Judgment of this court in C.P. No. 941 of 2010, dismissed the same vide orders dated 11.10.2013. Dissatisfied, the Petitioner filed a Review Application which met the same fate and was dismissed vide orders dated 05.11.2013. The Petitioner approached the Islamabad High Court against the said order. However, the learned Single Judge of the said Court dismissed his appeal vide the Impugned Order dated 24.06.2015. 3. The learned counsel for the Petitioner…
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