| Citation(s) |
|---|
| 2002 SLG 2459 2002 SLD 2459 2002 PLD 167 |
Supreme Court of Pakistan
Civil Appeals Nos. 4 to 10 of 2001, Civil Petitions Nos. 1778 to 1780 of 2001, Civil Appeals Nos. 1283 and 1297 of 1999, decided on 21st November, 2001.
IRSHAD HASAN KHAN, CJ, CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Sardar Muhammad Aslam, Deputy Attorney General and Ch. Akhtar Ali, Advocate-on-Record for Appellants din C.As. Nos. 4 to 10 of 2001). M. Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondents (in C.As. Nos.5 to 7 of
Civil Appeals Nos. 4 to 10 of 2001, Civil Petitions Nos. 1778 to 1780 of 2001, Civil Appeals Nos. 1283 and 1297 of 1999, decided on 21st November, 2001.
IRSHAD HASAN KHAN, CJ, CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Sardar Muhammad Aslam, Deputy Attorney General and Ch. Akhtar Ali, Advocate-on-Record for Appellants din C.As. Nos. 4 to 10 of 2001). M. Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondents (in C.As. Nos.5 to 7 of
FEDERAL PUBLIC SERVICE COMMISSION and others
VS
Syed MUHAMMAD AFAQ and others
Law:
Section:
Civil Procedure Code (V of 1908)-- ----O. XXVII-A, R.1---Competitive Examination Rules, 1997, R.6(a)(iii)--Constitution of Pakistan (1973), Arts. 185 & 199---Controversy raised before the High Court was about the vires of R.6(a)(iii) of the Competitive Examination Rules, 1997 which was examined in the absence of the Attorney-General for Pakistan whereas material on the record did not show that any notice was issued to the Attorney-General---Validity---Mere hearing of the Deputy Attorney-General and affording full opportunity to the Federal Government or the Public Service Commission would not constitute substantial compliance of the mandatory provisions of O.XXVII-A, R. 1, C.P.C.---No notice having been given to the Attorney-General for Pakistan, of the High Court stood vitiated on that ground---Supreme Court, in circumstances, remanded the case to the High Court with the direction that before proceeding to determine the question involved in the matter, notice be issued to the Attorney-General for Pakistan in terms of O.XXVII-A, R.1, C.P.C. Federation of Pakistan v. Aftab Ahmed Khan Sherpao PLD 1992 SC 723 quoted. JUDGMENT IRSHAD HASAN KHAN, C J.--Through this common judgment we intend to dispose of Civil Appeals Nos.4 to 10 of 2001, Civil Petitions Nos. 1778, 1779 of 2001 and 1780 of 2001, Civil Appeals Nos. 1283 of 1999 and 1297/1999, which have respectively arisen out of judgments dated 8-8-2000, 26-4-2001, 16-6-2001, 23-6-1999 and 11-11-1998, passed by the High Court of Sindh, Karachi, High Court of Balochistan, Quetta and Lahore High Court, Rawalpindi Bench, Rawalpindi. It would suffice to give brief facts of the case in Civil Appeal No.4 of 2001, in that, similar facts and circumstances have been stated in other connected appeals/petitions, involving .the same questions of law and facts. Respondent No. l in the said appeal acquired 509th position in the overall merit list and 13th position among the candidates of Sindh Urban area eligible for appointment in the Trade and Commerce Group. According to him, the respondent No.2 herein, who was placed at Serial No.462 of the merit list, was required to be treated as a candidate from Sindh Rural on account…
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