| Citation(s) |
|---|
| 2025 SLG 1948 2025 SLD 1948 = 2026 PLC 371 |
Writ Petition No. 226-P/2025
Wiqar Ahmad, J.
For the Petitioner: Ashfaq Ahad Daudzai, Advocate For the
Respondents: Mr. Waqar Orakzai, AAG, along with Mehtab Gul, Law Officer, KP Public Service Commission Date of Hearing: 05.05.2025
Uzair Ahmad, Petitioner
VERSUS
Khyber Pakhtunkhwa Public Service Commission and others, Respondents
Law: Khyber Pakhtunkhwa Public Service Commission Regulations, 2003
Section: 19(f)(ii),3(B),11,24(A)
Law: Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989
Section: 13
Law: Khyber Pakhtunkhwa Public Service Commission Ordinance, (XI of 1978)
Section: 10A
REMARKS: Qualification Discretion
(a) A Candidate possessing higher qualification than the one prescribed, cannot be deemed ineligible (for lacking the prescribed qualification)
(b) While applying rule of harmonious construction, para-19(f)(ii) of the KP Public Service Commission Regulation, 2017was read in a manner so as to make it align with rule-13 of APT Rules and other provisions of the Regulation, like para-13(b) and 11.
Summary of the Judgment – W.P. No. 226-P/2025 (Uzair Ahmad vs. KPPSC & others)
Case Background:
Petitioner Uzair Ahmad challenged Regulation 19(f)(ii) of the Khyber Pakhtunkhwa Public Service Commission Regulations, 2017. He claimed that the Commission unlawfully called a candidate (Respondent No.4) for an interview who held a higher but non-specified qualification (MS in Remote Sensing & GIS) instead of the prescribed bachelor's degree. The petitioner, ranked 6th, argued he should have been called instead.