| Citation(s) |
|---|
| 2004 SLG 2796 2004 SLD 2796 2004 PLD 4 |
Supreme Court of Pakistan
Civil Petition No. 641-L of 2001; decided on 26th February, 2003.
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Petitioner in person. S.M. Masud, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for
Respondents
Civil Petition No. 641-L of 2001; decided on 26th February, 2003.
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Petitioner in person. S.M. Masud, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for
Respondents
Ch. AZHAR ALI er
VS
PUNJAB PUBLIC SERVICE COMMISSION and others
Law:
Section:
(a) Punjab Public Service Commission Regulations, 1987---- ------Regln. 2(8)---Constitution of Pakistan (1973), Art. 185(3)--Constitutional petition---Bias---Selection for post of Senior Headmaster--Policies of Teachers Association, of which petitioner was Vice-Chairman, were opposed by All District Education Officers of the Province ---Non selection of petitioner by Public Service Commission was alleged to be on account of such departmental and policy bias of District Education Officer (co-opted Member of Commission)----Validity---Petitioner had not brought any material on record to show that there was any reasonable likelihood of bias of such Member of Commission against him--Supreme Court dismissed petition and refused to grant leave to appeal. (b) Bias----- ----General departmental or policy bias---Proof---Ordinarily mere such allegations would not be sustainable in absence of an tangible evidence in support thereof. Roebuck v. National Union of Mine Workers (Yorkshire Area) (No.2) (1978) ICR 676 rel. (c) Bias----- ---- Interest or bias disqualifying Member(s) of Tribunal---Essential conditions---Such interest or bias must be one in the matter litigated--Mere general interest in general object to be pursued would not disqualify a person---Such interest or bias, which disqualifies, is an interest in a particular- case, something reasonably likely to bias or influence mind. R v. Amber Valley District Council ex P Jackson (1984) 3 All. ER 501 and Natural Justice by H.H. Marshall, First Edn., p.28 fol. (d) Punjab Public Service Commission Regulations, 1987----- ----Regln. 2(8)---Co-opted Member of Commission ---Qualification--Regulation 2(8) of Punjab Public Service Commission Regulations, 1987 is silent as to status and rank of such member, but its only requirement is that he should be a senior officer. ORDER FAQIR MUHAMMAD KHOKHAR, J.--This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan is directed against judgment dated 21-12-2000 passed by the Lahore High Court, Lahore in Writ Petition No. 15497 of 1997. 2. The petitioner applied and appeared before the respondent No. 1 for the post of Senior Headmaster (BS-18) but…
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