| Case ID |
5c74169a-0473-42a1-bb31-22b05e53ec33 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No..15-P of 1991 |
| Decision Date |
Mar 10, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine whether the selection of successful candidates from a combined competitive examination could be considered different simply because requisition for recruitment to additional posts was received by the N.W.F.P. Public Service Commission at a subsequent stage. The court emphasized that the practice of maintaining a waiting list in a competitive examination system contradicts the nature of competitive examinations, which should fill all vacancies in one go. The court also noted the importance of transparency in the functioning of the Public Service Commission, indicating that their practices should be well-documented and accessible to all stakeholders, including the courts and legal representatives. The decision ultimately allowed the appeal, restoring the appellants' options subject to satisfactory conditions regarding their suitability and zonal allocations. |
| Summary |
This case revolves around the selection process of civil service candidates in Pakistan, specifically addressing the practices of the N.W.F.P. Public Service Commission. The Supreme Court scrutinized the implications of accepting subsequent requisitions for vacancies after the competitive examination had concluded. The court found that the existing practices lacked transparency and fairness, leading to confusion and distrust among candidates. The judgment emphasized that competitive examinations should be treated as single events, ensuring that all vacancies are filled from the same merit list without arbitrary adjustments. This ruling aims to enhance the integrity and efficiency of the recruitment process in public service, advocating for a regular schedule for holding examinations to alleviate the frustrations of eligible candidates. The court's decision sets a precedent for future recruitment practices and highlights the importance of adhering to constitutional principles in public service recruitment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
MUHAMMAD AFZAL LONE,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
2 others,
MUSA WAZIR
|
| Respondents |
N.W.F.P. PUBLIC SERVICE COMMISSION through its Chairman and others
|
| Citations |
1993 SLD 688,
1993 SCMR 1124
|
| Other Citations |
Mian Fazal Din v. Lahore Improvement Trust; Lahore and another PLD 1969 SC: 223,
Dr. Habibur Rahman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3),
185
|