| Case ID |
51488b68-1b46-4902-8bba-e2cc6e68ebd7 |
| Body |
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| Case Number |
F.A.O. No. 153 of 2002 |
| Decision Date |
Jul 01, 2004 |
| Hearing Date |
Jun 15, 2004 |
| Decision |
The Lahore High Court accepted the appeal of Dr. Anjum Syed, declaring her eligible to apply for the post of Professor in Physiology. The court determined that the interpretation of the word 'or' in the qualification requirements for the position should be read as disjunctive, thus allowing for the appellant's qualifications and experience to meet the necessary criteria despite the Federal Public Service Commission's previous rejection. The court emphasized the importance of adhering to the ordinary grammatical meaning of words while also considering the legislative intent, leading to the conclusion that the requirement for nine years of teaching experience as an Assistant Professor did not necessitate an additional twelve years of total experience as an Assistant/Associate Professor. Consequently, the court set aside the previous orders rejecting the appellant's application. |
| Summary |
This case revolves around the eligibility of Dr. Anjum Syed for the position of Professor in Physiology after her application was rejected by the Federal Public Service Commission (FPSC) due to insufficient teaching experience. The Lahore High Court ruled in favor of the appellant, emphasizing the interpretative flexibility of the word 'or' in legal statutes. The ruling clarified that the qualifications for appointment should be interpreted in a manner that does not create absurdities. The court underscored that the legislative intent is paramount and that strict adherence to literal interpretations could undermine the purpose of the law. This case is significant for legal practitioners as it highlights the importance of understanding statutory language and its implications in administrative decisions regarding academic appointments. Keywords: eligibility, teaching experience, Federal Public Service Commission, Lahore High Court, academic qualifications, legal interpretation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Amjad Hameed Ghouri,
Ch. Muhammad Tariq D.A.G.,
Muhammad Khalil Deputy Director
|
| Petitioners |
Dr. ANJUM SYED
|
| Respondents |
3 others,
FEDERAL PUBLIC SERVICE COMMISSION through Chairman, Islamabad
|
| Citations |
2005 SLD 827 = 2005 PLC 138
|
| Other Citations |
P. v. R. KLR 1993 Civil Cases 336,
L.H. Sugar Factory, Pilibhit. v. Moti AIR 1941 Allahabad 243,
Food Inspector, Trichur Municipality Trichur. v. Q.D. Paul and another AIR 1965 Kerala 96,
Muhammad Sanullah v. Allah Din 1993 MLD 399,
M. Idrees. v. The State 1990 PCr.LJ 655,
Ishwar Singh Bindra and others v: State of U.P. AIR 1968 Supreme Court 1450,
Muhammad Arshad Khan v. J & P Coats Pakistan Ltd. Karachi and 2 others PLD 1977 Kar. 83,
Syed Yakub Shah v. The State PLD 1978 Quetta 158
|
| Laws Involved |
Not available
|
| Sections |
Not available
|