SAIMA MIR ZAMAN vs AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION art

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SAIMA MIR ZAMAN VS AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION art. 129(g)---Recruitment---Relevant document, non-tendering of---Doctrine of adverse inference---Scope---Candidate applied with her (irrelevant) degree (Ma Political Science) and later claimed merit for having relevant degree Ma Library and Information Science(relevant degree)---Public Service Commission (PSC) excluded the relevant degree (Ma Library and Information Science) of the candidate /appellant for merit determination claiming the same was issued over six months after the deadline(cut-off date) had passed---Validity---appellant /candidate failed to bring on record anything contrary to rebut the claim of the PSC---appellant did not even append the copy of application filed before the PSC to enable the Court to assess her claim---Thus, it could safely be presumed that the appellant never filed any subsequent application in pursuance of advertisement---In legal proceedings, the failure of the party to produce a document in support of its claim can significantly impact the party's case---Courts expect the parties to present all relevant documents to substantiate their claims or defences---When a party fails to do so, it may give rise to adverse inferences and can even lead to the dismissal of case if the evidence is deemed insufficient---Courts may draw an adverse inference against a party who fails to produce relevant document without a valid reason---according to the doctrine of adverse inference as stipulated under art. 129 of Qanun-e-Shahadat, 1984, if a party in possession of relevant evidence, does not produce it, the Court may assume that the evidence, if presented, would have been unfavorable to that party---Further more, in a civil case, the burden of proof generally rests on party making a claim---If that party does not produce evidence in support of its claim, it fails to meet its burden of proof, which can result in dismissal of its claim---In the present case, the High Court's dismissal of the appellant's writ petition appeared to be well-founded---Public Service Commission acted within its authority and in accordance with relevant rules by discarding the degree issued after the deadline---appellant's inability to furnish the supporting documents further weakened her position, and there existed no basis to interfere with the impugned judgment---appeal was dismissed, in circumstances.

SAIMA MIR ZAMAN vs AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION art — 2025 PLC(CS) 911 SUPREME-COURT-AZAD-KASHMIR

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