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2011 PLC (C.S.) 620

Mrs. RUBINA ANJUM vs PUNJAB PUBLIC SERVICE COMMISSION through

Citation2011 PLC (C.S.) 620
CourtLahore High Court
Case No.Writ Petition No,23467 of 2010
Date2010-11-03
Judge(s)Sheikh Ahmad Farooq
ResultPetition dismissed

ORDER

' SH. AHMAD FAROOQ, J.--- Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner prayed for passing a direction to respondents Nos.1 to 4 to accommodate her as a candidate for the post of Assistant Professor (Home Economics), advertised by respondent No 1 in Daily "Jang" and "Nation", dated 9-5-2010. The petitioner further prayed that order, dated 3-9-2010, regarding the rejection of her application and order on her representation, dated 17-9-2010 may kindly be setaside/recalled. The petitioner also solicited for a direction to respondent No,1 for interview, being held on 4th and 5th November, 2010.

2. The facts, necessary for the adjudication of the lis in hand, are that the petitioner passed her M.Sc. (Home Economics) from the Government Home Economics College, Lahore in the year 1988.

The petitioner came to know through consolidated advertisement No,11 of 2010, dated 9-5-2010, published in daily "Jang and Nation" that 23 posts of Assistant Professor (Home; Economics) in Punjab are likely to be filled. The petitioner sent her application with original challan and advance copy along with a letter to her parent department, i.e, Federal Directorate of Education, Islamabad, to forward her application. The parent department, i.e, Federal Directorate of Education, Islamabad did not raise any objection to petitioner's applying for the aforesaid post and sent the copy of application to the Punjab Public Service on 31-5-2010. However the Punjab Public Service Commission rejected the application of the petitioner, vide letter, dated 3-9-2010, due to the reasons, inter alia, that the petitioner's original application was received on 1-6-2010 after the closing date, i.e, 31-5-2010, announced for receiving application, that the time barred application shall stand rejected and photocopy of application form is not acceptable. However, the petitioner was allowed to file a representation within 10 days on reasonable grounds, duly supported with documents/evidence, for reconsideration of the above rejection order.

3. The learned counsel for the petitioner submitted that the application of the petitioner for the post of Assistant Professor (Home Economics) was received in the office of respondent No,1 on 1-6-2010, whereas, the last date for the receipt of application was 31-5-2010 and in this connection, the petitioner moved a representation to respondent No,2, on 8-9-2010 with the request to entertain her aforesaid application, as she had already sent an advance copy of the same within due date, but the said representation of the petitioner was also rejected, vide impugned order, dated 17-9- 2010. He further submitted that there is no delay on part of the petitioner and her application for the post in question was rejected without any justification

4. Conversely, the learned counsel for the respondents as well as learned Additional Advocate General, Punjab, opposed the instant petition on the ground that the application of the petitioner was rightly rejected by the respondents as the same was time barred and the petitioner has not followed the proper procedure/instruction as prescribed in the Regulations of the Punjab Public Service Commission, Lahore.

5. Arguments heard. Record perused.

6. The petitioner applied for the post of Assistant Professor (Home Economics) and her application for the said post was rejected, vide impugned order, dated 3-9-2010. Thereafter, the petitioner filed a representation to respondent No,2, regarding the rejection of her application, but the same was also dismissed, vide order, dated 17-9-2010, on the grounds that in the light of relevant regulation/policy decision, it is not possible to accede to petitioner's request as her application is time barred and photocopy of application form is not acceptable under the rules. It would be advantageous to reproduce hereunder, the procedure, adopted by the Public Service Commission, Lahore for admission of application form:---

(14) An application by an eligible candidate shall be submitted on the form prescribed by the Commission and the instructions to the candidates attached thereto, before the closing date.

(15) If the prescribed application form is not available to a candidate residing outside Pakistan, he/she may apply on plain paper indicating particulars of his/her age, qualifications, experience and domicile along with supporting documents, as asked for. The candidate, shall, however, have to go to through all the stages of the process of selection as required in case others.

(16) An application must reach the Commission's office on or before the closing date and time advertised by the Commission except as prescribed in Regulation 18.

(17) Unless otherwise altered and notified, the closing date for receipt of applications for the candidates shall be as declared in the original advertisement. Normally, such a date shall be 3 to 6 weeks from the date of publication of advertisement.

(18) If the closing date fixed for receipt of application falls on an official holiday, the next working day shall be considered as the closing date. (underlining is for emphasis)

7. Moreover, it was clearly mentioned in the advertisement, in response to which the present petitioner applied for the post of Assistant Professor (Home Economics) that all the candidates are directed to submit original Experience Certificate duly stamped and signed by the Competent Authority. However, the candidates, working in recognized Colleges/Universities other than G9vernment Colleges/Universities, must submit recognition of institutions from concerned authority for the period of their experience duly authenticated by Education Department. Falling which application shall stand rejected. In this regard, it will be advisable to reproduce hereunder Clause 7 of the Instructions for filing of Application Form is provided as under:---

(d) The Application Form has been signed and is accompanied by original copy of Treasury.

Receipt/Bank Challan and attested photocopies of all the relevant Certificates, Diplomas, Graduate/Post Graduate Degrees, one attested photograph and other testimonials as required, without which the application is liable to rejection.

(t) Applications are received by the Commission through Postal mail/courier service and by hand on or before the closing date advertised. Applications received after the closing date, due to postal delay or any other reason, will not be entertained. If an acknowledgment desired, the application should be sent by Registered Post Acknowledgment Due.

Photocopy of Application Form is not acceptable.

' Downloaded Application Form will also acceptable. (underlining is for emphasis)

8. The upshot of above discussion is that the application of the petitioner was not received till the closing date and as such, the same could not be entertained as per rules and regulations of the Punjab Public Service Commission, Lahore. The instant petition is devoid of any force and the same is accordingly dismissed.

Cited by 2 cases

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