2003 PLP (C (PLC(CS))

(b) Administration of justice‑‑‑ ‑‑‑‑ Function of Courts of law‑‑‑The Courts were meant for the redressal of grievances if the individuals who felt aggrieved by some act or order of some Competent Authority‑‑‑Nobody, in circumstances, should feel any insult that he was made answerable before the Courts of law. M. Tabassum Aftab Alvi, Advocate for Petitioner. Secretary, Public Service Commission (in person) for Respondent No.3. Date of hearing: 13th January, 2003. This petition for leave to appeal is directed against the judgment of the High Court passed on 29‑6‑2002, whereby the writ petition tiled by the petitioner was dismissed.

2. Facts relevant for the disposal of this petition, briefly stated, are that some vacant posts of Lecturer Political Science were advertised by the Public Service Commission. The petitioner was one of the desirous candidates who applied for his permanent induction against a vacant post of Lecturer Political Science. The petitioner appeared in the test and interview which were conducted by the said Commission and, according to him, all the official participants awarded marks to him but without any reason his result was not notified by the Public Service Commission simply on the ground that he could not produce the original degree. According to him the production of original degree was not a condition precedent at the time of interview. The result card issued to the petitioner by the Karachi University was before the learned Members of Public Service Commission. The original degree was riot issued to the petitioner by the said University as per rule of the University the same could be issued after a period of one year. The petitioner who is serving as ad hoc Lecturer Political Science in the Education Department of Azad Jammu and Kashmir Government could not be penalized for the action of the University. The High Court summoned the relevant record to determine as to whether marks were awarded by the Members of: the said Commission to the petitioner, as claimed by him, and found that even though certain marks were given to the petitioner but the same were cancelled in such a manner that these could not be read, therefore, dismissed his writ petition on 29‑6‑2002. The said judgment of the High Court has been assailed through present petition for leave to appeal before us. Alongwith the petition an application was moved seeking stay order against the Public Service Commission that it should not conduct flesh test and interview as previously he was included in the candidates who has passed the test held by the Public Service Commission but was denied permanent service merely on the ground that he could not produce the original degree before the Public Service Commission at the time of interview. It was further asserted by the petitioner that his marks are legible. On his request the Secretary Public Service Commission was directed to appear before the Court alongwith the relevant record. Today the Secretary Public Service Commission appeared before the Court alongwith, the relevant record which was perused in presence of the petitioner and his counsel. It is correct that the Public Service Commission who participated in the interview had awarded marks to the petitioner but on the excuse that he failed to produce original degree before the Members of the said Commission at the time of his interview the marks so granted to him were cancelled by them in such a manner that except the narks of the Chairman of the Public Service Commission, the remaining marks granted to him by other Members are not legible, therefore, it cannot be said that he actually had passed the examination but his result was not notified. This prayer of the petitioner cannot be allowed that he in fact had passed the examination, therefore, a direction should have been issued by the High Court to the Public Service Commission to notify him as such and recommended him for his induction as Lecturer against a vacant post of lecturer Political Science. The High Court, therefore, has rightly directed the Public Service Commission to conduct his fresh interview and in case he qualities, he may be recommended for hit appointment as Lecturer against a I vacant post of Lecturer Political Science.

3. The petitioner apprehends that perhaps the learned Members of the Public Service Commission may have some grudge against him on account of litigation in the Courts of law. The Courts are meant for the redressal of grievances of the individuals feeling aggrieved by some act or order of some competent authority, therefore, nobody should feel any insult that he was made answerable before the Courts of Law. The Chairman of the Public Service Commission who conducted the test of the petitioner previously, is out of job after completing his tenure and now a new Chairman of the said Commission has been appointed by the Government. The petitioner should not fear that he will not get justice under new set up merely on the ground that he involved the Public Service Commission in the litigation. In view of above, finding no force in this petition and the application for stay order, therefore the same are dismissed. H.B.T./345/SC (AJK) Petition and application for stay order dismissed.