1. ' The petitioner Nasar Ahmad appeared in the Competitive Examination of the Civil Judges held by the Punjab Public Service Commission, in the months of February/March 1984, under Roll No.358.
2. The result of the written examination was announced on 19-5-1984 and was published in the Provincial daily newspapers on 20th May 1984. The petitioner's name did not appear in the list of qualified candidates. Subsequently, the Secretary, Punjab Public Service Commission communicated his detailed marks to the petitioner and it transpired from the contents of the communication that although the petitioner has obtained qualifying marks viz. 33% in each individual compulsory subject but he failed to obtain 50% marks in aggregate which fell short by three marks.
3. The petitioner approached the Commission through a representation for being allowed grace marks, but without any success.
4. Through the present constitutional petition the petitioner has assailed the decision of the Punjab Public Service Commission, -whereby his request for allowing him grace marks has been turned down.- The West Pakistan Civil Service (Judicial Branch) Rules, 1962, in their application to the Province of Punjab were amended on 19th October 1972, vide notification No.SOR-III-I-12/70, dated 19th October 1972, and through the amendment thus made in the appendix to the Rules, the following note was substituted for the note under compulsory subjects:- "No candidate shall be summoned for viva voce test unless he has obtained at least 33 per cent marks in each individual written paper and 50 per cent marks in the aggregate of the written portion of the examination. Five grace marks may however be given to really deserving candidates in one or two papers; provided that such grant of grace marks shall not entitle the grantee to have a better position in the merit list than those successful candidates who have not been granted any grace marks. No candidate shall be considered to have qualified in the examination unless he also obtains at least 30 per cent marks in viva voce. Failure in or absence from viva voce shall mean that the candidate has failed to qualify for appointment and his name will not be included in the merit list."
5. ' It is evident from the plain reading of the amended note that grace marks up to 5 can be given by the Commission to really deserving candidates in one or two papers i.e. written papers. It has also been provided in the amended note that no candidate shall be summoned for viva voce test unless he has obtained at least 33% marks in each individual written paper and 50% marks in the aggregate of the written portion of the examination.
5. In the under consideration case, the short fall by three marks is in the aggregate and not in an individual written paper. The petitioner's case is, therefore, not covered by the aforesaid amended note, inasmuch as under the said note, the grace marks can be given to really deserving candidates in one or two papers. The Rules do not allow grant of grace marks if a candidate fails to obtain 50% marks in aggregate. In this view of the matter, there is no substance in the instant constitutional petition, which is, therefore, dismissed with no order as to costs.