SH. AZMAT SAEED, ACJ. - It is contended by the learned counsel that the District Officer Service Rules, 2010 have been promulgated which set down the criteria/educational qualification to be considered for the appointment as Assistant District Attorney and Deputy District Attorney and in terms whereof the said advertisement has been issued soliciting applications. Learned counsel for the petitioner states that in the schedule of the said Rules a condition has been imposed that the candidates having 50% marks in aggregate in the LL.B. Can appear in examination, while in other similar examination also held for appointment no such condition is imposed. Learned counsel for the petitioner further states that the candidates for the petitioner further states that the candidates for the posts of Assistant Public Prosecutor, Deputy District Public Prosecutor, District Public Prosecutor, Deputy Prosecutor General, Additional Prosecutor General, Civil Judge-cum-Judicial Magistrate are appointed on the general qualification of LL.B. And no such condition of 50% marks in aggregate is imposed. Adds that for the appointment Provincial Management Service (PMS) and CSS the educational qualification in B.A. But no condition of obtaining 50% marks in aggregate has been imposed. Therefore, rule in question requiring 50% marks in aggregate is not only discriminatory but also unreasonable.
2. I would like to hear the opposite side at the limine stage. Issue pre-admission notice to the respondents for 19.09.2011.
C.M. No. 2/2011:
3. Notice for the said date. In the meantime, the petitioner and other having the requisite qualification of having passed the LL.B. With 45% marks shall be entitled to apply and to participate in the selection process for appointment as Assistant District Attorney and Deputy District Attorney, if otherwise eligible. All the applications filed before the 10th of September, 2011 shall be entertained by the Punjab Public Service Commission. However, the result shall not be declared without permission of the Court.