Law:

Section:

Competitive Examination Rules (CSS), 2008------R. 11(i)---Constitution of Pakistan, Arts. 4, 25, 27(i) & 37(a)---Condition of aggregate marks incorporated in R.11(1) of the Competitive Examination Rules (CSS), 2008 was assailed by some candidates on the ground that said condition was either discriminatory or prejudicial to the interest of candidates from the rural areas of Sindh---Validity---If the number of unfilled vacancies during different years due to non-availability of qualified candidates was compared with the actual number of vacancies for each year, it was clear that its ratio was almost negligible---Such factual assessment coupled with details of performance of some of the candidates, left no doubt to hold that if anybody was to be blamed for the failure of the candidates in proceeding further to the next stage of their CSS Examination, they had to blame themselves for their inefficiency and incompetency rather than making baseless allegations of discrimination or violation of the spirit of Arts.27(1) and 37(a) of the Constitution---Rule/Policy making Authority had religiously followed Arts.4, 25, 27(1) & 37(a) of the Constitution in order to safeguard the interest of every citizen of the country as per the spirit of said constitutional provisions---Any grievance of the candidates to the contrary was dishonest, baseless and made with ulterior motive. Federal Public Service Commission of Pakistan v. Syed Muhammad Afaq PLD 2002 SC 167 and Federation of Pakistan v. Aftab Ahmed Khan Sherpao PLD 1992 SC 723 ref. Syed Mujtaba Haider Sherazi, Dy. Attorney-General along with Amin-ur-Rehman, Dy. Director, FPSC and Kamran Raffat, Assistant A.D. (Legal), FPSC for Appellants. Munir A. Malik, Senior Advocate Supreme Court for Respondent No. 1. Nemo for Respondents Nos. 2 to 15. Date of hearing: 12th May, 2011. JUDGMENT ANWAR ZAHEER JAMALI, J.---By leave of the Court, this appeal at the instance of Federation of Pakistan through Secretary Establishment Division and three others is directed against the judgment dated 19-10-2010 in C.P No.D-1859 of 2009, (Re: Ghulam Shabbir Jiskani and others v. Federation of Pakistan and others), passed by a learned…

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