BUSHRA KHUSHI MUHAMMAD vs PUNJAB PUBLIC SERVICE COMMISSION art — 2022 PLC(CS) 434 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 434 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: BUSHRA KHUSHI MUHAMMAD vs PUNJAB PUBLIC SERVICE COMMISSION art
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BUSHRA KHUSHI MUHAMMAD VS PUNJAB PUBLIC SERVICE COMMISSION art.7(3c)---Sub-Inspectors and Inspectors (appointment and Condition of Service) Rules, 2013---appointment of Sub-Inspectors and Inspectors---Scope---Petitioner being Head Constable applied for the post of Sub-Inspector and cleared the written test, however, he was not recommended for appointment on the ground that he did not have the required three years' service experience---Contention of petitioner was that under art.7(3c)(a) of Police Order, 2002, the promotion to the post of Sub-Inspector had to be made through selection-on-merit by the Public Service Commission; that in the said article no experience was prescribed; that the condition of three years' experience introduced in the Sub-Inspectors and Inspectors (appointment and Condition of Service) Rules, 2013, being beyond the scope of the Police Order, 2002, was ultra vires the law and that on the date of interview he had attained the required experience---Validity---article 7(3c) of Police Order, 2002, was subject to the Rules---When art. 7(3c) of the Police Order, 2002, itself provided that it was subject to Rules, then it could not be said that experience prescribed in the Rules was beyond the scope of the Police Order, 2002---Relevant date to reckon the experience as prescribed in the advertisement was the closing date in the advertisement and not the date of interview---Constitutional petition was dismissed, in circumstances.

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