| Citation(s) |
|---|
| 1988 SLG 304 1988 SLD 304 1988 PLD 356 |
Supreme Court of Pakistan
Civil Appeal No.356 of 1985, decision dated: 17-04-1988.
MUHAMMAD AFZAL ZULLAH ALI HUSSAIN QAZILBASH AND USMAN ALI SHAH, TJ
Khalil Ramday, Advocate General, Punjab instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellants. M.Kaukab Iqbal, Advocate-on-Record. Date of hearing. 17th April, 1988.
Civil Appeal No.356 of 1985, decision dated: 17-04-1988.
MUHAMMAD AFZAL ZULLAH ALI HUSSAIN QAZILBASH AND USMAN ALI SHAH, TJ
Khalil Ramday, Advocate General, Punjab instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellants. M.Kaukab Iqbal, Advocate-on-Record. Date of hearing. 17th April, 1988.
PUNJAB PUBLIC SERVICE COMMISSION and another
VS
S. MARUF AHMAD ALI
Law:
Section:
(a) Interpretation of statutes-----Principle that departmental construction of a rule consistently adopted could not be departed from unless contrary interpretation was the only possible interpretation, is dependent upon the nature of the conflicting interpretations as also the consistency of the practice amongst other elements in that behalf--When the interpretation which comes in conflict with the departmental construction is found to be the only reasonable interpretation, the departmental construction would ordinarily give way to the corrected interpretation--Court and or the legislature would take such measures as might be admissible for the consequences and such aspect would not be enough for the Court to decline the examination of the rule for its interpretation.-[Departmental Rules]. [p. 360] A (b) Punjab Public Service Commission--- ---Competitive examination for posts of Civil Judges--Award of grace marks and its effect on aggregate and total marks of other candidates--Candidate failing to get qualifying marks in one written paper and also failing to obtain qualifying ;narks in the aggregate-Grace marks--Grant of--Rules for grant of grace marks-Interpretation--Grace marks given for the subject would also be added in the aggregate except that such aggregate, when forming part of the total marks obtained by the candidate inclusive of the viva voce test also, shall not be usable against other competing candidates-Method of using grace marks stated. [p. 360] B (c) Punjab Public Service Commission--- ---Competitive examination--Grant of grace marks "to really deserving candidates"--Performance of a candidate at the examination is the most relevant consideration in determining whether he is or is not "a really deserving candidate". [p. 361] C JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against Judgment dated 30-9-1985 of the Lahore High Court; whereby respondent's Intra Court Appeal arising out of the dismissal of his Constitutional Petition, was allowed. 2. The facts giving rise to the appeal are; that the respondent appeared in the Competitive Examination for the posts of Civil Judges held in February, 1985.…
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