Law: Constitution of Pakistan, 1956

Section: Arts. 188 & 190

Constitution of Pakistan (1956), Arts. 188 & 190-Public Service Commission, a consultative body-Recommendations re recruitment to Civil Services etc., not binding on Government though the latter expected to accept them except in exceptional cases.   Government Servant-Age deficiency-Government com petent to condoneAppointment valid-Decision not revisable except for unsatisfactory work during probation.   Declaratory decree-Pointing out illegality of Government action-Government expected to honour declaration.   Jurisdiction-Court competent to see whether service rules and departmental instructions have been complied with or not irrespective of their having any force of law. JUDGMENT   M. R. KHAN, J.-This first appeal by the Province of East Pakistan is directed against the judgment and decree of the Subordinate Judge, 3rd Court, Dacca, passed in Title Suit No. 18 of 1958, declaring that the Government's Orders Nos. 49 and 50, dated the 5th January 1957, removing the plaintiff from the post of Professor of Pathology, Dacca Medical College are illegal, inoperative and not binding upon him and that the plaintiff is still in service as Professor of Pathology in the said College.   Dr. K. A. Mansur, M. B. (Cal.) D. B. (London) D. C. P. (London) a highly qualifiedperson in the medical profession is the plaintiff of the connected suit. He was appointed by the Provincial Government as Assistant Surgeon in the year 1947. In 1954, he was posted as Assistant Professor of Pathology, Dacca Medical College. In January, 1955, the post of Professor of Pathology in the said College was advertised by the Provincial Public Service Commission at the instance of the Provincial Government. The plaintiff applied for that post and had an interview with the Public Service Commission. Pending selection of a candidate for the post of Professor of Pathology, the plaintiff was first placed in charge of the current duties of the said post on the 5th May 1955, and then appointed temporarily to that post with effect from the 16th of August 1955 vide Exhs. 1, 1 (a) and 1 (b). Soon thereafter, the plaintiff, who was already holding an officiating appointment as…