Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S. 5---Service Tribunals Act (LXX of 1973), S.4---Appointment---Appeal---Appellant being an Assistant Professor, had applied for appointment of Professor in response to an advertisement in her subject---Appellant fulfilled the basic and additional qualifications, but she was dropped by Federal Public Service Commission on the ground that she lacked nine years teaching experience as an Associate Professor in under-graduate institution and total experience as Assistant Professor/Associate Professor was less than twelve years in under-graduate institution---Qualification for appointment of Professor according to amended rules was "three years" teaching experience as an Associate Professor in the respective subjects, provided that the total experience as Assistant Professor shall not be less than eight years or nice years' teaching experience as an Assistant Professor in the respective subject"---Provision of total experience as Assistant/Associate Professor not less than twelve years in undergraduate institution was not the requirement of the rules; and it was in conflict with the condition of nine years' teaching experience as Assistant Professor---Appellant, a qualified Doctor, did her M. Phil in Physiology and was engaged in teaching as Assistant Professor since 1992, firstly in a Medical College and thereafter, she joined a Post-Graduate Medical Centre---Appellant was author of eleven publications in the relevant subject, published in Medical Journals recognized by Pakistan Medical and Dental Council---Principal of Medical College had issued experience certificate in favour of appellant--Held, appellant, who had the required qualifications and experience for the post of Professor, was entitled to be appointed on said post---Impugned orders, snider which appellant was dropped were set aside and appellant was 'declared eligible to apply for the post of Professor. (b) Words and phrased--- ----Word" or"---Interpretation---Word `or' could be interpreted in order to give effect to the real intention of the Legislature---Ordinarily, the word `or' should be construed in disjunctive sense, unless the compulsion of context…

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