Law:

Section:

Civil service------Appointment---Appointment as Assistant Professor Physiology--­Eligibility---Civil servant who was M. Phil. (Pakistan) and was working as Senior Registrar Physiology in Medical College, in response to an advertisement applied for post of Assistant Professor Physiology---Opposing civil servant who had obtained M.Sc. Degree from U.K. and had also applied for post of Assistant Professor Physiology, was selected by Public Service Commission---Civil servant had challenged appointment of opposing civil servant on ground that she was not eligible for appointment to post as she had obtained M.Sc. Degree from foreign country which was not the requisite qualification to that post---Pakistan Medical and Dental Council which was only Body to determine the level of any foreign qualification for appointment or promotion to a post in medicines, in its letter had clearly certified that qualification of M.Sc. (U.K.) held by opposing civil servant was equivalent to M. Phil. (Pakistan) held by civil servant---Certificate of Pakistan Medical and Dental Council thus had qualified opposing civil servant for appointment to post in question---Determination of question of eligibility of candidate being exclusive domain of Public Service Commission, opposing civil servant, was rightly selected by Public Service Commission in view of qualification possessed by him---Civil servant, could not challenge appointment of opposing civil servant in circumstances. Salahuddin Khan for Petitioner. ORDER NASIR-UL-MULK, J.---In response to an advertisement published in the Daily "Frontier Post" of 15-1-1996 on behalf of N.-W.F.P. Public Service Commission, the petitioner Ghulam Jilani Khan, Senior Registrar, Physiology Department, Khyber Medical College, Peshawar, applied for the post of Assistant Professor Physiology in Khyber Medical College, Peshawar. Dr. Salina Aslam Kundi, also applied for the same post. She was selected by the Public Service Commission and eventually appointed on 1-10-1996. Dr. Ghulam Jilani Khan has now instituted the present writ petition challenging the appointment of Dr. Salina Aslam Kundi on the said post, on the ground that she was not eligible for…

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