Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MAHBOOB AHMAD KHAN VS Respondent: PUNJAB PROVINCE
1992 P L C (C
1992 P L C (C.S.) 1294
[Lahore High Court]
Before Zia Mahmood Mirza, J
MAHBOOB AHMAD KHAN and others
Versus
PUNJAB PROVINCE and others
Writ Petition No. 586 of 1988, heard on 12th April, 1989.
(a) Punjab Public Service Commission Regulations---
---- Reglns. 2(c) & 31---Appointment of Civil Judges on basis of competitive examination---Earlier requisition for appointment of Civil Judges having been met by Public Service Commission by recommendation of requisite number of persons, subsequent requirement for appointment of as many as 50 Civil Judges whether "additional vacancies" so as to be filled in by persons who although qualified test for previous examination, yet having been placed low on merit list and earlier requisition having been fulfilled, could not be appointed on basis of earlier examination---Fifty new posts could by no stretch of reasoning be treated as vacancies added to the earlier 29 vacancies which had already been finalized---Regulation 2(c), Punjab Public Service Commission Regulations would contemplate a situation where Public Service Commission was processing a demand placed with it for recruiting a large number of Officers and in the meantime, few more posts had become available and Department concerned had sent to the Commission a requisition in respect thereof, and it was before the selection against original vacancies was finalized---Requisition for fifty new posts though placed with the Commission before finalization of selection for original vacancies, was quite an independent demand---New posts being in such a large number almost double the original posts could not be tagged to original vacancies so as to constitute the "additional vacancies"---Petitioners liaving not been selected on basis of earlier competitive examination could not be appointed against fresh requisition of posts.
(b) Punjab Public Service Commission Regulations---
----Reglns. 31---Merit list of preceding examination---Validity--.-Intimation for new vacancies was sent to Public Service Commission after date for interview for preceding examination had been fixed---Merit list of preceding examination would cease to be operative for purpose of additional vacancies requisitioned for succeeding examination---Persons who could not be appointed on basis of preceding merit list could not be appointed to new posts requisitioned for the subsequently requisitioned appointments.
(c) Constitution of Pakistan (1973)---
----Art. 199---Punjab Public Service Commission Regulations, Reglns. 2(c) & 31---Petitioners' entitlement to appointment as Civil judges---Petitioners having been placed below on merit list could not secure appointment in relevant year---Petitioners' claim to secure appointment in succeeding year when new requisition for appointment for Civil Judges was received by Public Service Commission---Government refused to appointment petitioners on basis of their preceding merit list on the ground that once process of recruitment through competitive examination was over, finality should be attached to that examination, and that recruitment of candidates on basis of An earlier examination into subsequent batch would not be a healthy precedent and would not be in the interest of competitive examinations which were being held regularly to have fresh and best available talent---Government's such view was not open to any exception---Petitioners had failed to make out any case for interference in Constitutional jurisdiction.
Shahzad Jahangir for Petitioners.
S.M. Zubair, Addl. A. -G., Rana Muhammad Irshad, Addl. A. -G. and Maqbool Elahi Malik, A: G. for Respondents.
Dates of hearing: 11th, 12th, 14th, 15th June 1988, 12th September 1988, 23rd October 1988 and 12th April, 1989.