Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 16

Law: Constitution of Pakistan, 1973

Section: 25,199

(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R.16---Constitution of Pakistan, Arts. 5, 25, 199---Naib Qasid, appointment of--- Qualification of candidates---Petitioner applied for the post of Naib Qasid and after passing the written test, he was called by the Selection Committee for interview---Petitioner grievance was that despite successful completion of all the codal formalities by him, his case has not been processed, although, he was the most qualified candidate for the subject post amongst all the candidates, who appeared in the written test and interview---Held, that the post of Naib Qasid was in BPS-01 as disclosed in the advertisement and the rule position was that the initial appointment to the posts in basic scales 3 to 10 could be made on the recommendations of the Departmental Selection Committee after the vacancies in these basic scales had been advertised in the newspapers and the candidate for the appointment by initial recruitment must possess the educational qualification and experience and be within the age limit as laid down for that appointment---Posts in BPS 1 and 2 could ordinarily be filled on the local basis as per R.16 of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Said Rule did not envisage the procedure adopted by the respondents to fill the subject post, which prima facie, has been done in a cursory manner---Only requirement to fill the subject post was that a candidate must possess the educational qualification and experience and be within the age limit as laid down under the recruitment rules, which the petitioner fulfilled and the respondents (appointing authority) ought not to have rejected his candidature on the analogy put forward by them---In response to the post advertisement, 135 applications were received against two vacant posts of Naib Qasid and all 134 applicants including the petitioner were issued admit card for the screening test---Screening test was conducted and based on the same, 10 candidates were shortlisted for the interview by the respondents----All candidates appeared for an interview before the interview committee---Reason for non suiting the…

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