UZAIR AHMAD vs KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION Conflict in statutory provisions

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UZAIR AHMAD VS KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION Conflict in statutory provisions---Interpretation---Principle of harmonious construction---Scope---Where two or more provision appear to be in conflict, they must be interpreted in such a manner as to give effect to all, thereby maintaining coherence and integrity of the legislative scheme as a whole. Delegated legislation---Extent and scope---Extent of delegated legislation depends on the nature and detail of the parent statute---Where the statute provides a detailed framework, the scope for delegated legislation is narrow; conversely, where the statute lays down general principles, broader delegation is permissible to fill in administrative and procedural details---Delegated legislation serves to ease legislative burden and respond flexibly to evolving circumstances---Underlying assumption is that while the legislature sets the policy, the Executive is empowered to work out the operational specifics. Reglns.3(b), 11 & 19(f)(ii)---Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, R.13---Appointment---Mechanism for assessing academic qualification/eligibility of a candidate---Determination---Consideration of candidates having qualification higher than the one prescribed in the relevant field of studies---Discretion of Commission---Scope---Contention of the petitioner was that one candidate having higher qualification prescribed for appointment had wrongly been shortlisted for interview for the reason that Regln.19(f)(ii) of KPK Public Service Commission Regulations, 2017 (Regulations) was in direct conflict with Regln.3(b) and 11 of the Regulations and R. 13 of the KPK Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 (Rules)---Validity---Candidate possessing a higher qualification than the one prescribed could not be deemed ineligible for lacking the requisite qualification---Regulation 19(f)(ii) was neither ultra vires the Constitution nor inconsistent with any provision of law, and fell squarely within the permissible scope of delegated legislation, as it did not override or contradict the fundamentals of the enabling framework---It merely supplements the recruitment process by allowing consideration of higher qualifications in the relevant field, and administrative detail well within the Commission's regulatory competence thus, petitioner had failed to establish any legal infirmity or constitutional violation warranting interference by High Court---Petitioner's placement at serial No. 6 on the merit list, below the top five candidates shortlisted in accordance with Regln. 24(a) did not give rise to any enforceable right, especially when the Commission's action was found to be consistent with law and procedure---No illegality could be attributed to the decision of the Public Service Commission---Constitutional petition was dismissed, in circumstances.

UZAIR AHMAD vs KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION Conflict in statutory provisions — 2026 PLC(CS) 371 PESHAWAR-HIGH-COURT

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