Law:

Section:

Competitive Examination Rules, 2002---Para. 11---Candidate from N.-W.F.P. having succeeded in C.S.S. Competitive Examination, 2003 was deprived of the department of his first choice, on the ground that said seat was utilized in advance for another candidate who appeared in C.S.S. Competitive Examination, 2001 and he had domiciled from N.-W.F.P. and there was a court order for such utilization of the seat---Public Service Commission had never requested or advised the Establishment Division to substract a seat from N.-W.F.P. quota for the said department in advance i.e. for C.S.S. Competitive Examination for the year 2003---Such substraction/deduction which neither had the backing of law, rules or any departmental instructions or order, had the effect of depriving the candidate of a seat which otherwise would have accrued to him---Held, the procedure adopted by the authorities was against the law. Federation of Pakistan v. Muhammad Tayyab 2006 SCMR 326 fol. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Through this petition, leave is sought against the judgment, dated 14-4-2008 passed by a learned Judge of the Islamabad High Court, Islamabad vide which he allowed Writ Petition No.918 of 2005 filed by Irfan Tariq respondent No.1 and directed the Establishment Division, Government of Pakistan to re-determine the quota of P.S.P. seats for N.-W.F.P. for the C.S.S. Competitive Examination-2003, by considering the P.S.P. seats to be 13 and the allocation of service of respondent-writ petitioner be decided accordingly. It was further held that there was no justification for deducting one P.S.P. seat from the quota of the said year (2003) on the stated ground that it had earlier allocated the said seat to Syed Muhammad Ameen who had domicile from N.-W.F.P. (who had appeared for C.S.S. Examination for the year 2001). 2. Facts giving rise to the instant petition are that respondent Irfan Tariq appeared in C.5'.S. Competitive Examination for the year 2003, he stood at Sr.No.12 in the overall merit position and at Sr.No.2 in the candidates from N.-W.F.P. domicile. Another candidate who was at Sr.No.3 of the overall merit list figured at Sr. No.1 in the merit of candidates from…

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