PROVINCE OF THE PUNJAB vs CHAND IQBAL S — 2026 PLC(CS) 36 LAHORE-HIGH-COURT-LAHORE

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PROVINCE OF THE PUNJAB VS CHAND IQBAL S. 10(1)(i)---General Clauses Act (X of 1897), S. 21---Punjab Public Service Commission Regulation, 2016, Regln. 63---Withdrawal of recommendation---Unfair means, use of---Termination of service---Locus poenitentiae, principle of---Applicability---Punjab Public Service Commission withdrew its recommendations in favour of respondents / candidates on the allegation of use of unfair means during examination---Authorities terminated services of respondents / candidates who were still on probation---Judge in Chambers of High Court, in exercise of Constitutional jurisdiction set aside the orders passed by authorities---Validity---Using of unfair means in examination shatters confidence of public in examination system---Piecemeal cancellation of examination process encourages the racket involved in such nefarious scam of cheating which remains unnoticed in the process either by maneuvering with the invigilators of the examination or otherwise---Instead of cancelling candidature of few candidates, entire recruitment through such process may be set aside---Respondents/candidates who opposed such withdrawal of recommendations had no vested right in the examination conducted by authorities and the Commission had jurisdiction under the principle of the locus poenitentiae as well as S. 21 of General Clauses Act, 1897 to make decision to conduct test again---Such re-test would cause no prejudice to respondents / candidates because if they had confidence in their abilities and intellect, then in the next examination they would again be in abetter position---If the examination was not re-conducted, those candidates who were involved in unfair means would be in advantageous position as compared to those students who had worked hard and burnt midnight oil while preparing for the examination---Division Bench of High Court declined to interfere in the decision of the Commission and the authorities, as the same was not open to any exception---Punjab Public Service Commission withdrew recommendations of candidates in 12 different departments out of which new tests were taken in 09 departments and the matter was pending for 03 departments only due to pending litigation---Division Bench of High Court set aside the judgment passed by Judge in Chambers of High Court and restored the order passed by the Commission---Intra Court Appeal was allowed in circumstances.

PROVINCE OF THE PUNJAB vs CHAND IQBAL S — 2026 PLC(CS) 36 LAHORE-HIGH-COURT-LAHORE

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