Law:

Section:

Civil Servants Act (LXXI of 1973)-------S.5---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Selection against advertised post of Deputy Director Finance (BS-18)---Non-awarding to petitioner two marks for additional qualification and five marks for training in relevant field from recognized institute---Validity---According to Recruitment Rules; two marks were to be awarded for each extra course subject to maximum of six marks---Advertisement had mentioned that holder of either degree of MBA (Finance), M.A. (Economics), Chartered Accountant and MBA/M.A., Economics was eligible for appointment---Petitioner having degree of MBA (Finance) and M.A. (Economics) would certainly be holding an additional qualification, thus, would be entitled to two marks permissible under the Rules---Petitioner had filed training certificate in computer software courses---Position of petitioner would come at number one on merits after addition of such seven marks---Respondent being Chartered Accountant, would not stand on higher pedestal as all such four qualifications were at par---Respondent had not taken over the charge---Department had not considered matter in true spirit of reported as 2003 SCMR 291---High Court accepted Constitutional petition with direction to department to consider matter after adding two marks for additional qualification and getting verified training certificate and finding same to be in accordance with Rules, add five more marks to petitioner's tally. Dr. Naveeda Tufail and 75 others v. Government of Punjab and others 2003 SCMR 291 rel. Fiaz Ahmad Jandran for Petitioner Col. Sajjad Akhtar for Respondent No.3. Date of hearing: 29th September, 2003. JUDGMENT The petitioner while employed as Stenotypist with official respondent continued his studies and was able to do his M.A. in Economics from the University of the Punjab as also MBA (Finance). He also obtained some diploma and did some Computer course in Account etc. Official respondent issued an .advertisement in the Press for appointment of Assistant Finance Adviser (Deputy Director Finance) in BS. 18. The petitioner as well as respondent No. 3 and one other filed applications in…

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