Legal Case Summary

Case Details
Case ID 5c74169a-0473-42a1-bb31-22b05e53ec33
Body View case body.
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