| Case ID |
f70109c5-d72e-434f-a65e-e08580376c52 |
| Body |
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| Case Number |
Constitutional Petition No. 136 of 1995 |
| Decision Date |
Jul 13, 1995 |
| Hearing Date |
|
| Decision |
The court held that Dr. Haq Nawaz did not fulfill the condition of educational qualification required for the position he applied for. The examination results from the University of Karachi had not been declared at the time of the petition, leading to the conclusion that the petition lacked substance. Consequently, the petition was dismissed with no order as to costs. The ruling emphasized the mandatory nature of provisions where time was of the essence in an enactment, highlighting the distinction between mandatory and directory provisions. |
| Summary |
This case revolves around Dr. Haq Nawaz's application for a position under the Balochistan Public Service Commission, where his educational qualifications were challenged. The Quetta High Court examined the Punjab Public Safety Act and the Criminal Procedure Code to determine the legality of the detention and the qualifications required for the position. The judges, IFTIKHAR MUHAMMAD CHAUDHRY and MIR MUHAMMAD NAWAZ MARRI, considered the interpretations of statutes and the implications of mandatory versus directory provisions. Ultimately, the court ruled that the petitioner did not meet the necessary educational qualifications, leading to the dismissal of the case. This case underscores the importance of adhering to statutory requirements in public service applications, particularly in the context of educational qualifications and procedural legality under the law. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
MIR MUHAMMAD NAWAZ MARRI
|
| Lawyers |
Basharatullxh,
SA.M.Quadri,
Muhammad Yaqoob Khan Yousafzai,
A. G.,
Zafar Khan Mandokhel
|
| Petitioners |
Dr. HAQ NAWAZ
|
| Respondents |
2 others,
BALOCHISTAN PUBLIC SERVICE COMMISSION through Chairman
|
| Citations |
1996 SLD 174,
1996 CLC 58
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Public Safety Act, (XVIII of 1949),
Criminal Procedure Code (V of 1898)
|
| Sections |
3,
491
|