| Case ID |
3338ed54-a461-4c7f-b1a9-49f1efcc2513 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.21 of 1999 |
| Decision Date |
Mar 11, 1999 |
| Hearing Date |
Feb 19, 1999 |
| Decision |
The Supreme Court set aside the High Court's decision that had declared Bilal Ahmad's appointment as Forest Ranger illegal. The Court ruled that the Public Service Commission's decision to award additional marks based on a sports certificate was made too late in the selection process. The Supreme Court emphasized that candidates should be evaluated based on the qualifications laid out at the time of the advertisement, not on subsequent changes to the rules. Consequently, Bilal Ahmad’s appointment was deemed valid and would remain uninterrupted. |
| Summary |
In the case of Bilal Ahmad vs. Syed Asmat Hussain Shah, the Supreme Court of Azad Jammu and Kashmir addressed the legality of an appointment made by the Public Service Commission for the post of Forest Ranger. The controversy arose when the respondent challenged the appointment, arguing that he was entitled to additional marks based on a sports certificate. The High Court initially sided with the respondent, but the Supreme Court overturned this decision. The ruling highlighted the importance of adhering to the original recruitment policy as advertised, asserting that any changes to the evaluation criteria must be communicated well in advance of the selection process. This case underscores the need for transparency and fairness in public service appointments, ensuring that all candidates are evaluated on a level playing field according to the rules in effect at the time of application. Keywords: Supreme Court, Public Service Commission, Forest Ranger appointment, recruitment policy, sports certificate, legal decision, transparency in appointments. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Ch. Muhammad Ibrahim Zia, Advocate for Appellant,
M. Tabassum Aftab Alvi, Advocate for Respondent No. 1
|
| Petitioners |
Bilal Ahmad
|
| Respondents |
4 others,
Syed ASMAT HUSSAIN SHAH
|
| Citations |
1999 SLD 1044,
1999 PLC 996
|
| Other Citations |
Khurshid-ul-Hassan v Azad Government and another 1996. SCR 327,
Altaf Ahmad Asmat v. Punjab Public Service Commission and others 1984 CLC 1308,
Province of West Pakistan through Secretary, Social Welfare and Local Government Department and others v. Din Muhammad and others PLD 1964 SC 21,
Muhammad Fayyaz v. Shahnawaz and others C.A. No.71 of 1998,
Muhammad Imtiaz Khan v. Azad Government and others C.A. No. 131 of 1998
|
| Laws Involved |
Azad Jammu and Kashmir Public Service Commission Procedure Rules, 1994,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
R. 5,
Ss. 42,
Ss. 43
|