Law:

Section:

(a) Balochistan Public Service Commission Ordinance (B of 1978)--- ----S. 7---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Application against post of Senior Registrar in Health Department--­Qualification for such post was M.S. Urology---Petitioner had appeared in M.S. Urology, but since official result of said examination had not been announced, and he appended certificate from Head of Department showing that he had passed such examination---Rejection of petitioner's Application Form on the ground that he did not fulfil condition of educational qualification ---Validity--­Public Service Commission instead of disqualifying petitioner on score of educational qualification could have referred matter to concerned University for verification of certificate or for testifying whether petitioner could be treated as qualified in view of certificate of Head of the Department concerned--­Disqualification of petitioner for non-production of required certificate was not warranted in circumstances. P L D 1994 Lah. 55; Writ Petition No. 7218 of 1993 and Habibur Rehman v. Government of Pakistan and others 1979 SCMR 121 ref. (b) Balochistan Public Service Commission Ordinance (II of 1978)- ------S. 7---Public Service Commission--Fixation of date for filing application, power of---Public Service Commission has been assigned functions under Balochistan Public Service Commission Ordinance 1978 to manage examination through tests -or interviews, in respect of posts which are required to be filled by Provincial Government through Public Service Commission, therefore, in fixing schedule of written examination or interview or calling applications upto a particular date, Public Service Commission performs statutory functions under relevant provisions of the Act and the Rules. (c) Interpretation of statutes--- ---- Mandatory and directory provisions---Test---Where time was of the essence in an enactment to do a particular thing and on basis whereof, any right had been claimed, provisions would be mandatory in nature and if no right was claimed, provisions would be directory. Interpretation of Statutes by Bindra, 7th Edn., p.678 and Corpus Juris Secundum, Vol.59,…

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