Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Public Service Commission---Appointment against the post of Medical Officers---Petitioners qualified written test but their candidature was rejected on the ground that they had failed to submit Registration Certificate from Pakistan Medical and Dental Council before cut-off date for receiving application---Validity---Grievance of petitioners was not with regard to their terms and conditions of service but they had sought relief of appointment---Constitutional petition was not barred under Art.212 of the Constitution and was maintainable---Authorities had processed the scrutiny of documents of the petitioners after written test and no illegality had been found therein---Petitioners were provisionally allowed to appear in the examination for the post in question and their eligibility was to be determined after professional test---Registration Certificates in favour of petitioners had been issued from Pakistan Medical and Dental Council before cut-off date for receiving applications---Mere submission of documents with Public Service Commission with a delay did not disqualify a candidate to appear in the interview---Constitutional jurisdiction was meant to foster the cause of justice and fair play---Petitioners had made out a case for their participation in the interview to be conducted by the Public Service Commission---Public Service Commission was directed to allow the petitioners to participate in the interview for the post of Medical Officers and if they did qualify in the interview then their result be announced accordingly---Constitutional petition was allowed, accordingly. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Constitutional jurisdiction was meant to foster the cause of justice and fair play. ORDER ADNAN-UL-KARIM MEMON, J.---- Basically, the Petitioners had applied for the post of Medical Officers [BPS-17]. Later on, they were issued interview call/admission letters by the Respondent-SPSC on 09.12.2018. The Petitioners in response thereto, did appear in `written test` and were declared successful candidates vide Press Release dated 08.1.2019. Besides they submitted all…

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