Law:

Section:

(a) Civil service-- ---Appointment---Petitioner who was Demonstrator in Pay Scale No. 17 and after he completed his studies in M. Phil, he was appointed as Assistant Professor (Pathology) in Pay Scale 18 on ad hoc basis---Petitioner applied for said post when posts were advertised by Public Service Commission but his application was not considered mainly on ground that he did not possess basic qualification required for such post as laid down in Regulation 1984---Contention of petitioner that Regulations 1962 as amended upto 1979, was applicable to his case and that he possessed proper academic qualification and teaching experience to be eligible for post of Assistant Professor (Pathology)---Authority stated that posts were advertised in 1984 after promulgation of 1984 Regulations, therefore Regulations 1984 were applicable---Regulations of 1962 prescribed M.B.,B.S. or equivalent medical qualification as basic requirement for post and candidates possessing certain other post-Graduate qualifications and having teaching experience were to have preference over former category---Explanatory Note No. 24 appended to Regulations 1984 also provided for same in case of appointment of Assistant Professors in different sections of Pathology Department---Post of Demonstrator was a teaching post and according to Explanatory Note to Regulation 1984, petitioner was eligible for post of Assistant Professor (Pathology) ---Held , application of petitioner was illegally withheld from consideration for said post and order of rejection of application was quashed and set aside. 1982 S C M R 46; 1979 P L C (C.S.T.) 56; PI.J 1976 Tr. C. 184; P L D 1962 SC 72; 1987 S C M R 302 and P L D 1960 SC 164 ref. (b) Civil service-- --- Post of Demonstrator is a teaching post in a Medical College. JUDGMENT IMAM ALI G. KAZI, J.--By this judgment we propose to decide both the Constitutional petitions bearing No. D-255 of 1988 (Ghulam Murtaza Rajpur v. The Secretary Pakistan Medical and Dental Council and others) and D-753 of 1988 (Syed Khurshid Hassan Hashmi v. The Secretary Pakistan Medical and Dental Council and others) as these involve common questions of facts and law. 2. Ghulam Murta7a Rajpur…

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