| Case ID |
31ad2c10-b7a9-4a2a-8880-e5d5cba6ddf0 |
| Body |
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| Case Number |
D-744 of 1995 |
| Decision Date |
Mar 26, 1996 |
| Hearing Date |
Jan 01, 1996 |
| Decision |
The Sindh High Court allowed the constitutional petition filed by Sohail Ahmad Pathan, directing the Sindh Public Service Commission to grant him one grace mark to enable him to participate in the viva voce examination. The court emphasized that the concept of 'really deserving candidates' must satisfy specific criteria, including securing at least 50% marks in the aggregate of the written examination. The court found the petitioner to be a deserving candidate, securing 627 out of 900 marks, which placed him fourth on the merit list. The High Court's decision was aimed at ensuring that deserving candidates are not unfairly excluded from consideration due to technicalities in marking. |
| Summary |
This case revolves around the constitutional petition filed by Sohail Ahmad Pathan against the Sindh Public Service Commission regarding the competitive examination conducted for recruitment in the Provincial Public Service. The petitioner, who secured 627 marks, sought the grant of one grace mark in the subject 'Essay in English' after failing to achieve the minimum required score. The court ruled in favor of the petitioner, highlighting the importance of merit and the need for the Commission to exercise its discretion in granting grace marks to deserving candidates. The ruling underscores the significance of fair practices in competitive examinations and the necessity to avoid redundancy in the application of rules governing such processes. This case is critical for understanding the judicial approach towards merit-based recruitment and the rights of candidates in public service examinations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED, J.,
AGHA SAIFUDDIN KHAN, JJ
|
| Lawyers |
K.M. Nadeem, Addl. A.G., Sindh
|
| Petitioners |
SOHAIL AHMAD PATHAN
|
| Respondents |
another,
SINDH PUBLIC SERVICE COMMISSION
|
| Citations |
1996 SLD 747,
1996 PLC 1004
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Civil Service (Executive Branch) Rules, 1964,
Constitution of Pakistan (1973)
|
| Sections |
5(1),
199
|