| Case ID |
2fc81a7e-d3ea-4109-b207-0482953bbe90 |
| Body |
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| Case Number |
Civil Appeals Nos. 712 and 713 of 2020 |
| Decision Date |
Feb 01, 2021 |
| Hearing Date |
Feb 01, 2021 |
| Decision |
The Supreme Court allowed the appeals and set aside the impugned judgment of the Peshawar High Court. The court held that the Khyber Pakhtunkhwa Provincial Management Service Rules, 2007 provided a specific 10% quota for in-service candidates holding defined positions, which did not include the respondents, who were Caretakers (BS-11). The court emphasized that the High Court misinterpreted the rules by suggesting that unrelated experience could qualify for the quota. The ruling reaffirmed that the interpretation of such rules is within the executive domain and cannot be expanded arbitrarily. The court also noted that the respondents could participate in the examination on open merit if they met the eligibility criteria. |
| Summary |
In the case of Civil Appeals Nos. 712 and 713 of 2020, the Supreme Court of Pakistan addressed the eligibility of Caretakers for the Provincial Management Service (PMS) examination under the Khyber Pakhtunkhwa Provincial Management Service Rules, 2007. The court ruled that the rules explicitly defined the posts eligible for the 10% quota reserved for in-service candidates, excluding the respondents. The court highlighted the importance of adhering to the specific language of the law, reinforcing the principle that rules should be interpreted within their intended scope. This case underscores the significance of clear legal definitions in administrative processes, particularly in recruitment and promotion within public service. The decision serves as a precedent for future cases regarding employment eligibility and the interpretation of service rules, emphasizing the necessity for precise legal language and the limitation of judicial intervention in administrative matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Zahid Yousaf Qureshi, Additional A.G., Khyber Pakhtunkhwa,
Shahid Iqbal, Litigation Officer, KP, PSC,
M. Tufail Khattak, Additional Secretary, Establishment, Khyber Pakhtunkhwa,
Ishtiaq Haider, Advocate Supreme Court
|
| Petitioners |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY, PESHAWAR AND OTHERS
|
| Respondents |
ZAHOOR AHMED KHALIL AND ANOTHER
|
| Citations |
2021 SLD 2811 = 2021 PLC 848
|
| Other Citations |
Government of Khyber Pakhtunkhwa v. Hayat Hussain 2016 SCMR 1021,
Central Board of Revenue Government of Pakistan v. Asad Ahmed Khan PLD 1960 SC 81
|
| Laws Involved |
Khyber Pakhtunkhwa Provincial Management Service Rules, 2007
|
| Sections |
Sched. I
|