Law: Constitution of Pakistan, 1973

Section: 199

1981 P L C (C. S.) 434 (a) Civil service Character roll-Filling up of post on recommendations of Public Service Commission-No competitive examination envisaged and basis of selection academic qualifications, interview and exami nation of service record--Quality of service rendered in a particular post or Department, held, relevant for judging comparative suit ability-Examination of character roll by Public Service Commis sion, in circumstances, held, provided objective assessment. (b) Civil service Recruitment through Public Service Commission-Recommenda tion of Commission once made-Could not be interfered with without good cause and material defect in it-Character roll already available with Commission - Suitability recommended without reservation-Commission subsequently altering its advice stating that service record was not satisfactory - Reason for altering previous unconditional advice, in circumstances, held, does not hold good. (c) Civil service Character roll-Adverse remarks - Not communicated--Not to be accepted on their face value-Selection for appointment made by Public Service Commission-Character roll of candidate already available with Commission-Commission making recom mendation regarding suitability-Subsequently altering its advice on basis of an adverse remark in character roll not communicated to candidate-Commission, in circumstances, held, should not have accepted adverse remarks on their face value without satisfying communication thereof to candidate and before taking serious step of recalling its recommendation. (d) Civil service  Character roll-Adverse remarks-Expunction of-Function of competent authority-Not to be transgressed by Public Service Com mission - Competent authority deciding to expunge adverse remarks-Commission refusing to take into account such expunc tion-Public Service Commission, in circumstances, held, trans gressed over statutory function of competent authority a delegatee of Governor and such attitude, held, without lawful authority --Public Service Commission. (e) Constitution of Pakistan (1973)  Art. 199-Writ jurisdiction-Public Service Commission making selections for a post-Character roll of candidate…