HAZOOR ALI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Regln — 2024 PLC(CS) 1501 PESHAWAR-HIGH-COURT

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HAZOOR ALI KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Regln. 33---appointment---Quota allocation---Quota reserved for women not exhausted---Placement in general quota in exclusion of quota reserved for women---Eligibility of respondent owing to reduction in minimum threshold score in test---Petitioner and respondent obtained equal marks, but respondent scored higher in interview---Contention of the petitioner was that respondent applied in women quota and was also called for interview in women quota, therefore, Commission should not have appointed the respondent in general quota in place of the petitioner in violation of zonal allocation formula---Validity---Commission opted for placing respondent in general quota seat of Zone-IV and relied on the instructions of the Establishment Department regarding filling of 10% quota seat fixed for female candidates---Ten percent (10%) quota was construed to give it effect over and above the already available seats in the general quota to the female candidates and only through that way purpose of reserving such quota for female candidates might be achieved, otherwise reservation of such quota for female would not be meaningful in most of the cases---act of Commission, whereby it had placed respondent in the general quota seats of Zone-IV so as to afford an opportunity to another female from the female quota seats, was found to be in accordance with the instructions of the Establishment Department and best served spirit of the legal instrument, where-under 10% quota had been reserved for women folk---If a person is called for interview by keeping in view the respective lower threshold against quota seat for which he or she is called but if during the interview she/he obtains goods marks and is placed on such position of the merit that placement of such person is required in general quota seats, then mere fact that the person has initially been called for interview in reserve quota would not divest the Commission of the authority to make a placement in accordance with Regln. 33 of the Khyber Pakhtunkhwa Public Service Commission Regulations, 2003---Constitutional petition along with its connected petition was dismissed, in circumstances.

HAZOOR ALI KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Regln — 2024 PLC(CS) 1501 PESHAWAR-HIGH-COURT

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