| Case ID |
ff327a01-1688-4a7c-850a-d64ae96343f4 |
| Body |
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| Case Number |
Civil Petition No. 200 of 2013 |
| Decision Date |
Aug 13, 2013 |
| Hearing Date |
Aug 13, 2013 |
| Decision |
The Supreme Court of Pakistan allowed the appeal by the Federal Public Service Commission, setting aside the Islamabad High Court's judgment that incorrectly increased the number of vacancies in the Information Group from three to four. The Court ruled that the High Court's decision was based on an erroneous assumption that the respondent candidate had a vested right to the position due to a mistake made by the FPSC. The ruling emphasized that the FPSC was within its rights to correct the allocation error without creating additional vacancies, which was not supported by the governing rules and policies. |
| Summary |
In the landmark case of Civil Petition No. 200 of 2013, the Supreme Court of Pakistan addressed the issue of vacancy allocation in the Federal Public Service Commission (FPSC) following a competitive examination. The case arose when two candidates, Amna Afridi and Romana Fazal, contested their allocations to the Information Group. The FPSC initially allocated the group to Afridi based on a merit list that later revealed a mistake regarding Fazal's domicile. The Islamabad High Court ruled in favor of Afridi, allowing her adjustment along with Fazal, increasing the vacancies beyond the set quota. The Supreme Court, however, overturned this decision, asserting that the FPSC's allocation rules must be adhered to and that the creation of additional vacancies was not permissible. This case highlights critical legal principles regarding administrative errors, the concept of vested rights, and the strict adherence to established governmental policies and regulations. Keywords: Federal Public Service Commission, judicial review, administrative law, competitive examination, vacancy allocation, vested rights, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Public Service Commission,
Civil Services Academy
|
| Judges |
IJAZ AHMED CHAUDHRY,
GULZAR AHMED
|
| Lawyers |
Imran-ul-Haq, DAG,
Sajid Ilyas Bhatti, DAG,
Mahmood Ahmed, Director Legal, FPSC,
Siddique Sajid, Director, CSS,
Kamran Raffat, A.D. Legal, FPSC,
Khawaja Khurram Naeem, Additional Director, CSA
|
| Petitioners |
FEDERAL PUBLIC SERVICE COMMISSION, ISLAMABAD through Chairman
|
| Respondents |
AMNA AFRIDI,
Romana Fazal
|
| Citations |
2014 SLD 322,
2014 PLC 1250
|
| Other Citations |
1997 SCMR 15,
2007 SCMR 1451
|
| Laws Involved |
Federal Public Service Commission Ordinance, 1977,
Federal Public Service Commission Rules for Competition Examination (CSS)
|
| Sections |
7,
10
|