Law:

Section:

(a) Khyber Pakhtunkhwa Provincial Management Service Rules, 2007--- ----Sched. I---Examination for Provincial Management Service (PMS) posts---Reserved quota for in-service candidates---Caretakers (BS-11) working in the Chief Ministers Secretariat---Whether such Caretakers were eligible to participate in the PMS examination on basis of 10% reserved quota for in-service candidates---Held, that Khyber Pakhtunkhwa Provincial Management Service Rules, 2007 (the Rules, 2007) provided 10% quota for persons holding specific posts and such posts had been spelt out as “Superintendents, Private Secretaries, Personal Assistants, Assistants, Senior Scale Stenographers, Stenographers, Data Entry Operators, Computer Operators, Senior and Junior Clerks”---Further condition was that such persons must possess Postgraduate qualification, from a recognized University and should have at least five years service under the Government---Rules of 2007 specifically created a class of Government employees to whom, the benefit of 10% quota was provided to the exclusion of others and if the interpretations given by the High Court were to be accepted it would amount to not only reading in something which was not there but also extending and expanding the scope of the Rules, 2007 which was the domain of the Executive and could not lightly be interfered with without recording strong, cogent and compelling reasons---Such reasons had neither been recorded by the High Court nor were available on the record---High Court has misread the Rules, 2007 and taken them out of context in observing that the Rules did not prescribe as to what should be the nature of experience required to participate in the competitive examination for appointment against the 10% quota posts---Plain reading of the Rules, 2007 showed that five years experience under the Government was relatable to the files/job descriptions mentioned in the earlier part of the Rules, therefore, holding that because there was no specific and elaborate description of the sort of experience that was required, a totally unrelated experience, (in the present case working as a Caretaker/Household staff) would also count as experience of…

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