Case Details

Citation(s)
2002 SLG 2004 2002 SLD 2004 2002 CLC 1642
Lahore High Court
Intra-Court Appeal No.656 in Writ Petition No. 1231 of 2001, decision dated: 1st November, 2001
BORE CH. IJAZ AHMAD AND MIAN SAQIB NISAR, JJ
A. K. Dogar for Appellants. Sher Zaman Khan, Dy. A.G. for
Respondents

AMEER-UR-REHMAN KHAN and 6 others

VS

FEDERAL PUBLIC SERVICE COMMISSION through Chairman and 3 others

Law:

Section:

(a) Federal Public Service Commission Ordinance (XLV of 1977)-----Ss 7-A & 10---Law Reforms Ordinance (XII of 1972), S.3(2)---Intra-Court Appeal---Maintainability---Objection was raised to maintainability -of appeal on the ground that the appellant could maintain a representation against decision of Federal Public Service Commission ---Validity---Appellant had assailed rules framed by Federal Public Service Commission in terms of Ss.7-A & 10 of the Federal Public Service Commission Ordinance, 1977---Such rules could not be deemed to be a decision within the purview of the provision of the Federal Public Service Commission Ordinance, 1977, conferring upon an aggrieved person a right of representation or review ---Intra-Court Appeal was maintainable in circumstances. (b) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Competitive Examination Rules, 2001, R.8(vi)---Intra-Court Appeal Competitive examination---Age limit, reduction of---Vested right---Candidate assailed the act of reduction in upper age limit on the ground that in the previous examination when he appeared, the upper age limit for Government employees was 35 years which was reduced to 30 years, thus he was debarred from taking another chance---Validity---By virtue of having once participated in examination, no right was created in favour of a candidate that he would essentially be given further chances o f clearing the examination and that the maximum age limit could not be reduced under the rules---For each years, separate and independent rules were framed prescribing the age limit and such rules were replaced by the subsequent year rules---Rules for the year 2000, or previous year under which the candidate appeared for the fiat time would not be germane for the purpose of enabling him to participate in the future examination to complete three chances---Where the rules framed for the year, 2001, were not ultra vires of any law the High Court declined to interfere with the passed by the Single Judge in Chambers--- Intra-Court Appeal was dismissed in circumstances. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223 and 1999 SCMR 1072 ref. (c) Federal Public…
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