GOVERNMENT OF KHYBER PAKHTUNKHWA vs ZAHOOR AHMED KHALIL Ejusdem generis, rule of

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS ZAHOOR AHMED KHALIL Ejusdem generis, rule of---Scope---Provisions of a statute and Rules had to be read in their context and unless otherwise provided or there were compelling and lawful reasons to do otherwise the rule of ejusdem generis had to be followed. Citation Name: 2021 PLC(CS) 848 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS ZAHOOR AHMED KHALIL Sched. I---Examination for Provincial Management Service (PMS) posts---Reserved quota for in-service candidates---Caretakers (BS-11) working in the Chief Minister's Secretariat---Whether such Caretakers were eligible to participate in the PMS examination on basis of 10% reserved quota for in-service candidates---Held, that Khyber Pakhtunkhwa Provincial Management Service Rules, 2007 ('the Rules, 2007') provided 10% quota for persons holding specific posts and such posts had been spelt out as "Superintendents, Private Secretaries, Personal Assistants, Assistants, Senior Scale Stenographers, Stenographers, Data Entry Operators, Computer Operators, Senior and Junior Clerks"---Further condition was that such persons must possess Postgraduate qualification, from a recognized University and should have at least five years' service under the Government---Rules of 2007 specifically created a class of Government employees to whom, the benefit of 10% quota was provided to the exclusion of others and if the interpretations given by the High Court were to be accepted it would amount to not only reading in something which was not there but also extending and expanding the scope of the Rules, 2007 which was the domain of the Executive and could not lightly be interfered with without recording strong, cogent and compelling reasons---Such reasons had neither been recorded by the High Court nor were available on the record---High Court has misread the Rules, 2007 and taken them out of context in observing that the Rules did not prescribe as to what should be the nature of experience required to participate in the competitive examination for appointment against the 10% quota posts---Plain reading of the Rules, 2007 showed that five years' experience under the Government was relatable to the files/job descriptions mentioned in the earlier part of the Rules, therefore, holding that because there was no specific and elaborate description of the sort of experience that was required, a totally unrelated experience, (in the present case working as a Caretaker/Household staff) would also count as experience of Government service appeared to be without sound legal basis---Importantly respondents [Caretakers (BS-11)] had not altogether been excluded from participating in the competitive examination insofar as if they met the criteria for participation they were not precluded from doing so by competing in open merit --- Furthermore admittedly the respondents did not constitute ministerial staff and were also not borne on the cadre/strength of the Provincial Secretariat---Respondents/Caretakers (BS-11) were not allowed to participate in the PMS examination on basis of 10% reserved quota for in-service candidates---Appeals were allowed and impugned judgment of the High Court was set aside.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs ZAHOOR AHMED KHALIL Ejusdem generis, rule of — 2021 PLC(CS) 848 SUPREME-COURT

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