Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Recruitment---Merit list---Final order---Dispute between the parties was with regard to selection for a particular zone---No suitable candidate was available for the particular zone, therefore, Provincial Public Service Commission recommended appointment of the petitioner---High Court in exercise of constitutional jurisdiction interfered and recommendation of Public Service Commission was set aside---Contention of petitioner was that recommendation for appointment of candidate was made respectively against other zone and against merit quota available as a result of non-availability of candidate for particular zone in question---Merit list showed that respondent was at serial No.7, therefore, there was no justification for the High Court to interfere in the matter---Petitioner also contended that no final order on recommendation of Public Service Commission was passed, therefore, constitutional petition was pre-mature---Contention of authorities was that in case a candidate from a particular zone to which vacancy had been allocated was available he or she was entitled to be appointed against that quota---Leave to appeal was granted by Supreme Court to consider the contentions of the parties. Dr. Habib-ur-Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144 ref. Mohsin Javed, Advocate - Supreme Court, S.A.M. Qadri, Advocate-on-Record and Ameen-ud-Din Khan Bazai, A.A.-G. for Petitioners (in C.P. No.24-Q of 2006). H. Shakeel Ahmad, Advocate Supreme Court and Ayyaz Swabi, Advocate Supreme Court for Petitioners (in C.P. No.25-Q of 2006). Ameen-ud-Dun Khan Bazai, A.A.-G. for Respondents.Nos.2 and 3 (in C.P. No.24-Q of 2006). Raja M. Afsar, Advocate Supreme Court for Respondent No.1 (in C.P. No.24-Q of 2006). Ameen-ud-Din Khan Bazai, A.A.-G. for Respondents Nos.l and 2 (in C.P. No.25-Q of 2006). Raja M. Afsar, Advocate-on-Record for Respondent No.3 (in C.P. No.25-Q of 2006). Date of hearing: 27th April, 2006. ORDER SYED JAMSHED ALI, J.--- This order will dispose of Civil Petitions Nos.24 and 25-Q of 2006. The two petitioners were contenders for the post of Assistant Professor…

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