Law:

Section:

(a) Interpretation of document Instructions of penal natureSuch instructions must be beneficially interpreted otherwise strict compliance thereof would generate frustration and result in technical knockout which course of action was not permitted. Federation of Pakistan v. Saeed Ahmad PLD 1974 SC 151; Government of West Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14; Ghulam MohiudDin v. Chief Settlement Commissioner PLD 1964 SC 829; Ghulam Murtaza v. Chairman, Selection Board, Principal, King Edward Medical College, Lahore and 2 others 1981 CLC 274; HabiburRehman v. Government of Pakistan and others 1979 SCMR 121 and Dr. Zia Suleman Faooqi v. Punjab Public Service Commission and others PLD 1994 ,.55 ref. (b) Constitution of Pakistan (1973) Art. 199Administrative instructionsAdvertisement appearing in daily Ss calling applications for post of Associate Professor Cardiac Surgery aired, besides other qualifications, at least three research papers published in standard medical journalPetitioner's paper was although accepted for publication by medical journal, yet due to delay such paper was not published at time of submission of application form but the same was published before petitioner's interviewRejection of petitioner's applicationPublic Service Commission rejected petitioner's application/appeal on account of reasoning that page number of research paper did not tally with photostat copies supplied by petitioner alongwith his applicationSuch reasoning taken by Public Service Commission in its comments was arbitrary in nature and showed nonapplication of mindWhile editing research paper for printing purposes, change of page numbering by medical journal concerned could not justify rejection of petitioner's applicationRejection of petitioner's application by Public Service Commission was thus, of no legal effect. Muhammad Akram Sheikh for Petitioner. Muhammad Farooq Bedar and Syed Mohsin Abbas Naqvi (for Mukhtar Mimed). Abdullah Warraich, Addl. A.G. with Khalid Mahmood, Deputy Director, Punjab Public Service Commission for Respondents Nos. 1 to 3. Date of hearing: 9th October, 1996. JUDGMENT Petitioner through this Constitutional petition has…

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