Law:

Section:

(a) Punjab Provincial Management Service Rules, 2004-------Rr. 5, 22 & Sched. I--- Punjab Public Service Commission Ordinance (II of 1978), S. 10--- Punjab Public Service Commission Regulations, 2000, Regln. 22---Constitution of Pakistan, Art. 185(3)--­Provincial Management Service Examination---Prescribed and advertised qualification for such examination being "Graduate in Second Division"---Petitioner having graduated in 3rd division and obtained 2nd class in master degree---Placing of petitioner's name in merit list after qualifying written test and interview---­Rejection of petitioner's candidature by Public Service Commission for lacking prescribed and advertised qualification---Acceptance of petitioner's constitutional petition by High Court---Validity---Supreme Court granted leave to appeal, inter alia, to consider questions as to whether a candidate obtaining 3rd division in graduation with a 2nd class master degree would be eligible for applying for a post for which minimum requirement was graduation in 2nd class, and whether in doing so High Court violated provisions of Regln. 22 of Punjab Public Service Commission Regulations, 2002; and whether impugned was not against settled law to the effect that court once having found Regulations/Rules framed under statutory power to be within ambit of relevant statute, could not sit in its over wisdom of effectiveness or otherwise of policy laid down by statutory body and could not declare such Regulations to be ultra vires merely considering that same would not serve the object and purpose of the Act. Karachi Building Control Authority and 3 others v. Hashwani Sales and Services Limited and 3 others PLD 1993 SC 210; Civil Petition No. 1478-L of 2009 and Human Rights Case No.6741-G of 2009 ref. (b) Punjab Provincial Management Service Rules, 2004--- ----R. 39---Punjab Public Service Commission Ordinance (II of 1978), S. 10---Punjab Public Service Commission Regulations, 2000, Regln. 22---Provincial Management Service Combined Examination---Petitioner's name placed in merit list after qualifying written test and interview---Rejection of petitioner's candidature for having appeared for 4th time in such…

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