Law:

Section:

(a) Civil service--- ----Selection of candidates by Public Service Commission---Procedure for--­Services General Administration and Information Department issued memo streamlining the procedure and system for selection of candidates through Public Service Commission---Memorandum provided, appeal to the Chairman of Public Service Commission in case of rejection of application of candidate for some deficiency, but later on said memo was amended and in a newly ­added clause right of appeal was taken away---Public Service Commission itself had not treated new instructions as mandatory while applying same to candidates from abroad---Instruction as subsequently amended being penal in nature, should be beneficially interpreted as its strict application would generate frustration and would amount to technical knock out which course of action was disapproved. Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 ref. (b) Civil service--- ---- Application for appointment---Rejection---Candidate who was in a foreign country applied for post on, prescribed Form quite in time, but same was rejected on ground that required experience certificate duly attested was filed by candidate two days after last day prescribed for submission of the application---Candidate made frantic/obsessive efforts to secure required certificate in time and succeeded much before start of interview and presented same before the Commission---Non-consideration of certificate, had completely prejudiced case of candidate---Candidate's application being complete in all respects except the required experience, certificate of which too was provided before holding of interview, action of Commission in rejecting application of candidate, was without lawful authority and same could not be upheld. Ghulam Murtaza v. Chairman, Selection Board, Principal, King Edward Medical College, Lahore and 2 others 1981 CLC 274 and Habibur Rehman v. Government of Pakistan and others 1979 SCMR 121 ref. Khawaja Haris Ahmad for Petitioner. Farooq Bedar, Addl. A.G. for Respondents. Date of hearing: 24th October, 1993. JUDGMENT A consolidated advertisement No. 6/93 appeared in the dailies…

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