1987 PLP 93 (SCMR)

Nemo for Respondents. Date of hearing: 4th November, 1986. MIAN BURHANUDDIN KHAN, J.‑‑Petitioner seeks leave to appeal against the judgment and order of the Peshawar High Court, dated 11‑3‑1985 passed in Writ Petition No. 74 of 1984 on the grounds that the terms and conditions as laid down in the advertisement No. 4/84 did not prescribe any limitation other than those mentioned therein; that even the instructions for candidates, appearing on the application form, are not prescribed and were pressed into service on 12‑9‑1984 after the written examination; that under the rules for service in question the condition of 3 chances alone was not prescribed but it was applicable to Provincial Civil Servants (Judicial Branch), Section Officers and Extra Assistant Commissioners as per notification issued by the respondents, and the post of Assistant Conservator of Forests is exempt from operation of notifications at any rate and that all subsequent notifications and subordinate instructions issued by the respondents are only prospective in operation and nature and do not, in any way, affect adversely the erstwhile rights and obligations having accrued to the petitioner.

2. We have gone through the impugned order and considered the arguments of the learned counsel for the petitioner in the light of the material placed on record. In paragraph 1 of the Admission Certificate whereby the petitioner was admitted to the written examination, it is clearly mentioned that this admission is provisional. The said Certificate reads as follows: "You are admitted to this examination provisionally subject to being found eligible in all respects. Your candidature will be cancelled if you are found ineligible at any stage for any reason(s)." It is the case of the respondents that there were attached to the Admission Certificate instructions which were sent to all the candidates including the petitioner which are reproduced as under:‑ "The question of limiting the chances to be availed by candidates in competitive examinations, conducted by N.‑W.F.P. Public Service Commission, is under consideration of the Provincial Government. It should be understood that those candidates who have already availed of more chances than the limit as may be laid down by the Government would automatically stand disqualified. From this it appears that not only the admission of the petitioner to the written examination was provisional but his candidature was also made subject to the decision by the Government regarding the chances which a candidate could avail for any examination to be conducted by the Commission. That being so, the petitioner could not have any grievance upon the decision taken by the Provincial Government. We find no merit in this petition which is, consequently, dismissed. M.I. Petition dismissed.