FARHAN YASIR DANWAR vs FEDERATION OF PAKISTAN through The Secretary, Federal Public Service Commission, Islama

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FARHAN YASIR DANWAR VS FEDERATION OF PAKISTAN through The Secretary, Federal Public Service Commission, Islamabad S.7(3)(a), (b) & (d)---Section Officers Promotional Examination Rules, 2015, R.4(7)(vii) & (viii)---Rules of Business, 1973, Sched.-III, Serial No.20---Jurisdiction of High Court in Civil Miscellaneous Application---Scope---Past and closed transaction---Delay in filing the Civil Miscellaneous Application---Effect---Rejection of candidature of the appellant for being an employee of ineligible department in terms of Section Officers Promotional Examination, 2017 (SOPE)---Representation and review filed by the appellant were dismissed for having failed to prove his candidature---Recruitment process had been completed and successful candidate had joined their posts---Recruitment process of SOPE, 2017 stood completed and appellant wanted to reopen his case at belated stage without impleading the successful candidates as party in the proceedings, who had already joined the respective departments, therefore, the matter had become past and closed transaction---Under clause (d) of S.7(3) of the Federal Public Service Commission Ordinance, 1977 it was incumbent upon the appellant to challenge the findings of FPSC before the High Court within thirty days, if he was at all aggrieved, however, he preferred a constitutional petition before High Court, which was dismissed as withdrawn to avail his remedies under the law---Appellant after exhausting departmental remedies filed the present Civil Miscellaneous Appeal with a considerable delay, therefore, such finding had attained finality coupled with the reasoning that the candidates had already been appointed on the subject posts as much water had flown under the bridge---Appellant wanted the High court to reverse the entire process and direct the FPSC to accept his candidature despite already being informed that he was ineligible to participate in the recruitment process under SOPE Rules, 2015---Prima-facie, respondent FPSC had assigned valid reasons to reject the candidature of the appellant on the premise that he had been working as Senior Auditor (BS-16) in Pakistan Military Accounts Department, however, he failed to submit his Departmental Permission Certificate (DPC) and Office orders of appointment to determine his eligibility---Besides he belonged to ineligible Department in terms of SOPE Rules, 2015 to participate in the examination of 2017---Exercise of jurisdiction by the High Court under S.7(3) of FPSC Ordinance, 1977, is statutory dispensation to foster the cause of justice and fair play---In the present case, High Court did not find any valid reason for indulgence and upset the findings of FPSC at a belated stage---Civil Miscellaneous Appeal was dismissed accordingly.

FARHAN YASIR DANWAR vs FEDERATION OF PAKISTAN through The Secretary, Federal Public Service Commission, Islamabad S — 2024 PLC(CS) 1384 KARACHI-HIGH-COURT-SINDH

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