SHAUKAT ALI vs GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns — 2023 PLC(CS) 65 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS) 65 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: SHAUKAT ALI vs GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns
Subject matter: Constitutional

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

SHAUKAT ALI VS GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns. 29 & 32---Constitution of Pakistan, Art.199---Constitutional petition---Appointment to advertised post---Tie in marks---Scope---Petitioner sought issuance of writ seeking directions to the respondents to appoint him as an Assistant Information Officer (BS-16) in place of the private respondent---Validity---Marks of the petitioner and private respondent had tied and on the basis of being older in age private respondent was given preference---Petitioner, no doubt, had practical experience but his job was not a full time paid job as required under Regln. 29(a) of Khyber Pakhtunkhwa Public Service Commission Regulations, 2017---Such experience could not be considered for the subject post---Where the aggregate marks and also the marks in interview between two candidates were the same or when there was a tie in marks, then, the Regln. 32(c) of Khyber Pakhtunkhwa Public Service Commission Regulations, 2017, came into play which provided that the candidate who was older in age shall be placed senior to the one who was younger---Private respondent being older in age was given preference---No case was made out for the interference of High Court through the Constitutional petition---Petition was dismissed.

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