| Citation(s) |
|---|
| 2001 SLG 1805 2001 SLD 1805 2001 PLC 153 |
Supreme Court (AJ&K)
Civil Review Petition No. 13 of 1998, decision dated: 7-05-1999. (In the matter of review from the judgment of the Supreme Court, dated 11-8-1998 in Civil Appeal No.77 of 1998).
BASHARAT AHMAD SHAIKH AND MUHAMMAD YUNUS SURAKHVI, JJ
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Civil Review Petition No. 13 of 1998, decision dated: 7-05-1999. (In the matter of review from the judgment of the Supreme Court, dated 11-8-1998 in Civil Appeal No.77 of 1998).
BASHARAT AHMAD SHAIKH AND MUHAMMAD YUNUS SURAKHVI, JJ
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MUHAMMAD FAROOQ KHAN
VS
MUHAMMAD SHAKEEL KHAN and 3 others
Law:
Section:
Civil Procedure Code (V of 1908)-------S.114 & O.XLVII, R.1---Review of Supreme Court ---Civil service--- Appointment---Respondents alongwith others applied for one of the advertised posts---Public Service Commission after conducting test and interview, declared the respondent suitable for the post and recommended him for one of the posts---Petitioner who had also applied for the post subsequently filed a certificate alongwith his application showing that he had got first position in the University and Public Service Commission on the basis of said certificate includes the name of petitioner in the list of those who were recommended for appointment---Said certificate having been found vague and not legible, petitioner was directed to produce another certificate in support of his claim that he actually had got first position in the University---Petitioner on filing the fresh copy of certificate got preference over respondent and was recommended by the Concession accordingly--Validity---Certificate on which petitioner had placed reliance, should have been furnished by him on the date specified in the advertisement, but certificate submitted by petitioner alongwith his application having been found vague and not legible, application of petitioner should have been treated as irregular and Commission was not competent to demand from the petitioner any certificate after the specified date---Commission was also net competent to change its result which was finalised earlier by it and that too without providing opportunity, of hearing to those who were to be affected adversely---Marks given to petitioner on basis of subsequent certificate were not validly allowed to the petitioner---Finding with regard to vagueness of certificate of petitioner having itself been given by Commission said finding could not be substituted by High Court or Supreme Court---Once finding was given and recommendations were made, Commission was not vested with any jurisdiction to change previous recommendations---Petitioner having failed to point out any patent error or defect in the under review, review petition was dismissed. Ch. Muhammad Ibrahim Zia, Advocate for Petitioner. Ghulam…
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