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2014 PLC (C.S.) 1262

ADNAN KHAN vs FEDERATION OF PAKISTAN

Citation2014 PLC (C.S.) 1262
CourtIslamabad High Court
Case No.Writ Petition No,264 of 2011
Date2012-02-09
Judge(s)Muhammad Anwar Khan Kasi
ResultPetition dismissed

' MUHAMMAD ANWAR KHAN KASI, J.--- Petitioner has prayed for direction against the respondents for declaring him entitled for appointment as Assistant General Manager (Tech), PS-7 equal to BPS-17 with PEMRA with effect from the date when the others were appointed.

2. The petitioner claims his entitlement for the appointment on the basis of qualifying the written test conducted by the respondents. It is submitted that an identical matter has been remanded by the Hon'ble apex Court, pending before Hon'ble Chief Justice of this Court and the present petition be heard along with the same petition.

3. The respondents contested the petition and repudiated the claim of the petitioner by stating that he could not clear the written test, because he obtained only 34 out of 100 marks, while the passing criteria is 50/100. It is submitted that there is no violation of law and fundamental right and, therefore, no order under Article 199 can be passed. The respondents have also filed copies of the attempted papers of the petitioner. The learned counsel for respondent No,2 submitted that no identical matter has been remanded and there are no details of such letter and the present petition be decided on its own merits.

4. Heard and record perused.

5. According to the prescribed criteria only those candidates were to be called for interview, who had obtained 50% marks in the written test, the petitioner does not deny the existence of attempted papers whereby he was granted 34% marks. The petitioner cannot qualify the written test, and therefore, he was not entitled for appearance in the interview. There is no details, about the remand of any identical matter and, therefore, the petition is decided independently on its own merits. The petition is, therefore, dismissed.

6. It is, however, observed that two posts of AGM PS-7 have been reserved against regional quota of Balochistan. The respondents are, therefore, directed to strictly observe the regional quota and these posts be filled on merit from the candidates belonging to Balochistan Province. Report in this regard be submitted to this Court through Registrar.

7. Position about the other candidate against regional quota of Balochistan may also be provided to the Court.

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