| Citation(s) |
|---|
| 2002 SLG 1242 2002 SLD 1242 2002 SCMR 772 |
Supreme Court of Pakistan
Civil Petition No. 996 of 2001, decision dated: 14-12-2001(On appeal from the judgment dated 24-10-2001 of High Court of Sindh, Karachi passed in. C. Ps. Nos. 12.i and 1430 of 2001)
NAZIM HUSSAIN SIDDIQUI, RANA BHAGWANDAS AND ABDUL HAMEED DOGAR, JJ
Abdul Ghafoor Mangi, Advocate Supreme. Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners. Nerno for
Respondents
Civil Petition No. 996 of 2001, decision dated: 14-12-2001(On appeal from the judgment dated 24-10-2001 of High Court of Sindh, Karachi passed in. C. Ps. Nos. 12.i and 1430 of 2001)
NAZIM HUSSAIN SIDDIQUI, RANA BHAGWANDAS AND ABDUL HAMEED DOGAR, JJ
Abdul Ghafoor Mangi, Advocate Supreme. Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners. Nerno for
Respondents
MUMTAZ ALI BOHIO and 24 others
VS
FEDERAL PUBLIC SERVICE COMMISSION through Chairman at Islamabad and another
Law:
Section:
(a) Federal Public Service Commission Ordinance (XLV of 1977)--- Ss.7-A & 10---Competitive Examination Rules, 2000, Rr.4(i) and 8(vi)--Competitive Examination Rules, 2001---Constitution 'of Pakistan .(1973), Arts.- 185(3) & 199---Constitutional petition ---C.S.S. Examination held in November, 2000 under Competitive Examination Rules, 2000---Petitioners appeared in C.S.S. examination, but failed---Contention of petitioners was that they had acquired vested rights to clear the examination by making extra attempts in year 2001 subject to maximum age limits as prescribed under Rules of 2000; and that Rules of 2001 could not be given retrospective effect so as to affect their vested rights---High Court dismissed the petition holding that Rules of 2000 were applicable to examination held in that year, whereas examination to be held in year 2001 would be governed, by the Rules prescribed for such year---Validity---Competency of Public Service Commission to change the. Rules in public interest could not be challenged--No candidate had vested right to be governed by any particular set of Rules--Public Service Commission could make any alteration in the recruitment policy before finalization of the appointments---Where rules were changed/altered, then the latter rules would supersede the former---Vested rights originate from contracts, statutes and by operation of law, but none of such conditions was attracted to petitioners' case---Rules of 2000 could not be invoked for examination to be held in year 2001, when the rules of latter year were available---Order of High Court was perfectly correct warranting no interference---Supreme Court refused to grant leave to appeal. (b) Vested rights--- ----Origin of---Vested rights originate from contracts, statutes and by operation of law. (c) Educational institution--- ---Vested right---No candidate has a vested right to be governed by any particular set of Rules. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---The petitioners seek leave to appeal against the judgment, dated 24-10-2001 of a learned Division Bench, High Court of Sindh, whereby Civil Petitions Nos. 1207 and 1430 of 2001 were dismissed in limine. 2. The petitioners…
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