1997 SCMR 1043

Per Ajmal Mian, J.

(a) Constitution of Pakistan (1973), Articles 27 & 184

—Regln. 20—Constitution of Pakistan (1973), Arts. 27 & 184(3)— Constitutional petition—Pursuant to the requisition from the Authorities (High Court) Public Service Commission got issued advertisement in the papers for selection of 25 Civil Judges-cum-Judicial Magistrates on Zonal basis and held the examination accordingly—Before the said 25 posts could be filled in, the High Court requested the Public Service Commission, for the recommendation of 14 additional candidates out of the candidates who had qualified in the process vide letter dated 3-1-1994 from the Secretary, Services and General Administration of the Province—Regulation No. 20 of the Punjab Public Service Commission Regulations, 1992, which is a mandatory provision requires fresh advertisement for additional vacancies—Public Service Commission, however, took the view that according to the policy of the Commission the posts of Civil Judges-cum-Judicial Magistrates as increased could not be clubbed with the posts being filled in the present selection because written examination and psychological test had already been held and interviews were scheduled to be held shortly—Contention of petitioners who were below in the merit list from the 24 selected candidates who were selected on Zonal basis was that since the High Court had treated the increase of the 14 seats as an amendment in the original requisition for 25 seats, the petitioners were to be treated alike with the 24 candidates who were appointed on Zonal basis and on the basis of original requisition —Provision of proviso to Art. 27(1), Constitution of Pakistan (1973), (as amended), provided that for a period of not exceeding twenty years from the commencing day of the Constitution of Pakistan (1973), posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan which period had expired on 13-8-1993—Contention of the petitioner was repelled for it was an admitted position that petitioners were below in the merit list from the above 24 candidates who were selected on Zonal basis and secondly the stand of the Public Service Commission that under its policy a fresh advertisement was to be issued for the additional 14 seats and that the same could not be clubbed with the original requisition of 25 seats was in accord with Regln. No. 20 of the Punjab Service Commission Regulations, 1992—Period of 20 years mentioned in Art. 27(1), proviso of the Constitution of Pakistan having already expired High Court could not have invited applications for additional vacancies on zonal basis as it would have been violative of Art. 27(1), proviso of the Constitution—Rules applicable and conditions required to be specified were those which were in force on the date of appointment and not which were obtaining earlier i.e. at the time of inviting applications. [pp. 1052, 1055, 1056, 1057] A, B, G, H & I

(b) Constitution of Pakistan (1973), Interpretation

—Exception to the general rule particularly relating to the general rights of the citizens is to be construed strictly–Principles.[p. 1060] N & O

(c) Constitution of Pakistan (1973), Interpretation

—Provision of Constitution relating to fundamental rights has to be construed liberally so that its benefit/protective umbrella may be extended rather than to restrict same. [p. 1061] P

Petition dismissed.

Advocate for the Petitioners :
Asif Saeed Khan Khosa, Advocate SC

Advocates for the Respondents :
Mumtaz Ali Mirza, Deputy Attorney-General and
Shabbar Raza Rizvi, Additional Advocate-General, Punjab

Dates of hearing : 25th, 27th and 31st March, 1997.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: