Law: Constitution of Pakistan, 1973

Section: 199

Khyber Pakhtunkhwa Public Service Commission Regulations, 2017--- ----Reglns. 29, 32---Constitution of Pakistan, Art.199---Constitutional petition---Appointment to advertised post---Tie in marks---Scope---Petitioner sought issuance of writ seeking directions to the respondents to appoint him as an Assistant Information Officer (BS-16) in place of the private respondent---Validity---Marks of the petitioner and private respondent had tied and on the basis of being older in age private respondent was given preference---Petitioner, no doubt, had practical experience but his job was not a full time paid job as required under Regln. 29(a) of Khyber Pakhtunkhwa Public Service Commission Regulations, 2017---Such experience could not be considered for the subject post---Where the aggregate marks and also the marks in interview between two candidates were the same or when there was a tie in marks, then, the Regln. 32(c) of Khyber Pakhtunkhwa Public Service Commission Regulations, 2017, came into play which provided that the candidate who was older in age shall be placed senior to the one who was younger---Private respondent being older in age was given preference---No case was made out for the interference of High Court through the Constitutional petition---Petition was dismissed. JUDGMENT QAISER RASHID KHAN, CJ.----The petitioner, through the instant writ petition, has asked for the issuance of an appropriate writ seeking directions to the respondents to appoint him as an Assistant Information Officer (BS-16) in the Information and Public Relations Department in place of the private respondent. 2. The gist of the arguments of the learned counsel for the petitioner is that despite possessing higher qualification in the relevant subject and two years practical experience in journalism, still the petitioner has been deprived of his appointment against the subject post by wrongly giving preference to the private respondent through award of extra marks to him. 3. The main thrust of the submissions of the learned Advocate General is that due to lack of requisite practical experience of two years in Journalism and possessing Bachelor degree without Journalism subject, the…

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