| Citation(s) |
|---|
| 2005 SLG 935 2005 SLD 935 2005 PLC 645 |
Lahore High Court
I.-C.As. Nos. 113, 114 and 115 of 1996, heard on 8-12-2004.
CH. IJAZ AHMAD, ACTG. C.J. AND SYED SHABBAR RAZA RIZVI, J
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I.-C.As. Nos. 113, 114 and 115 of 1996, heard on 8-12-2004.
CH. IJAZ AHMAD, ACTG. C.J. AND SYED SHABBAR RAZA RIZVI, J
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AHMAD SHAFIQUE ELAHI and 6 others
VS
SHAKEEL ANWAR and 17 others
Law:
Section:
Civil Service-------Constitution of Pakistan (1973), Art.150---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---Esta Code, para. 3 (d), Recruitment policy---Intra Court Appeal---Official record---Appointment of candidates was disputed on the ground that the authorities had not complied with procedure prescribed in Esta Code under the heading of Recruitment Policy For Federal Service Autonomous Bodies Corporations---Objection was raised to the procedure adopted by the authorities at the time of interview in viva voce---Authorities clarified before Supreme Court that viva voce was not subjective in nature but it was objective and the candidates were judged and assigned various marks against various sections---Details of the marks given to candidates in viva voce was produced in Supreme Court---Matter was remanded to High Court to re-decide Intra-Court Appeal after perusing the original record of department regarding interview---Effect---Result sheet produced by the authorities was a public document which was valid in view of Art.150 of the Constitution, therefore, full credit was to be given to the original record---Result sheet was a valid document even in terms of provisions of Qanun-e-Shahadat, 1984---Judgment passed by High Court, in exercise of Constitutional jurisdiction, was set aside and Division Bench of High Court declined to interfere with the selection made by the authorities---Intra-Court Appeal was dismissed accordingly. Pir Bakhsh v. Chairman Allotment Committee PLD 1987 SC 145; Mst. Nur Khatoon v. Nur Khan PLD 1956 Lah. 293; Ghaus Muhammad v. The State PLC 1978 Lah. 1235 and Martial Law Administrator v. Muhammad Niaz PLD 1979 SC 921 rel. Ch. Mushtaq Masood for Appellants. M. Ilyas Khan for Respondents Nos.2 and 3. Azeem Sarwar for Respondents Nos. 1, 4, 11 and 17. Ijaz Feroze for other Respondents. Date of hearing: 8th December, 2004. JUDGMENT CH. IJAZ AHMAD, ACTING CHIEF JUSTICE.---We intend to decide the following Intra Court appeals by one consolidated judgment having similar facts and law:-- 1. ICA No.113 of 1996 2. ICA No.114 of 1996. 3. ICA No.115 of 1996. 2. The brief facts out of which the aforesaid Intra-Court appeals arise are that the…
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