| Citation(s) |
|---|
| 2004 SLG 2607 2004 SLD 2607 2004 PLD 545 |
Lahore High Court
Writ Petition No. 17566 of 2003, heard on 16th March, 2004
SYED ZAHID HUSSAIN, J
Mushtaq Ahmad Mohal for Petitioner. Fazal Miran Chohan, A.A.G. with Manzoor Hussain Bhatti Director Legal and Abdul Razzaq Dy. Director Legal Punjab Public Service Commission for
Respondent
Writ Petition No. 17566 of 2003, heard on 16th March, 2004
SYED ZAHID HUSSAIN, J
Mushtaq Ahmad Mohal for Petitioner. Fazal Miran Chohan, A.A.G. with Manzoor Hussain Bhatti Director Legal and Abdul Razzaq Dy. Director Legal Punjab Public Service Commission for
Respondent
SHEERAZ AZIZ CHEEMA
VS
PUNJAB PUBLIC SERVICE COMMISSION, through Secretary and 2 others
Law:
Section:
(a) Punjab Public Service Commission Ordinance (II of 1978)-------S. 7---Punjab Public Service Commission Regulations, 1987, Reglns. 27 & 30---Punjab Public Service Commission Manual of Policy Decisions---Constitution of Pakistan (1973), Art.199---Constitutional petition---Competitive Examination for post of Assistant Sub-Inspector of Police held by Public Service Commission---Disallowing additional marks for additional qualification of LL.B. on account of declaration of result of LL.B. Examination after closing date---Validity---Closing date for submission of application forms was 15-7-2002---Petitioner in application form had disclosed that result of his LL.B. Examination was awaited---Petitioner had been found eligible and had qualified written test---Petitioner had been interviewed on 29-5-2003 and had produced at that time detailed marks of LL.B. Examination bearing date 18-11-2002 at its bottom---Result of LL.B. Examination had been declared on 10-7-2002, but petitioner was not aware of the same---Petitioner had produced letter from University about declaration of result on 10-7-2002 i.e. before closing date of 15-7-2002---Public Service Commission, in case of doubt thereabout, could have verified factual position from University, which had not been done---Mere a representation in application form being based on lack of information and contrary to reality, could not be given so much weight---If result had been declared before closing date and petitioner had acquired additional qualification, then he could not be denied benefit of additional marks for such reason---Policy of awarding additional marks for higher qualification was still operative---Such a beneficial policy had to be construed in a manner, which would advance its underlying object and purpose, but could not be applied in a manner to deprive a person of his due right---High Court accepted Constitutional petition with observations that claim of petitioner would be dependent upon verification of facts from University and finding of Commission. Dr. Muhammad Nazir Khan v. Government of Punjab and others 1997 CLC 354 rel. (b) Administration of justice------ ---- Too much adherence to…
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