Prescribed qualification
Prescribed qualification legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
In view of clear provision incorporated in Regln. 19(f)(ii) of Khyber Pakhtunkhwa Public Service Commission Regulations 2017, it was within the dominion of Khyber Pakhtunkhwa Public Service Commission to forward the recommendations of a candidate who possessed qualification higher than the prescribed qualification.
In view of clear provision incorporated in Regln. 19(f)(ii) of Khyber Pakhtunkhwa Public Service Commission Regulations 2017, it was within the dominion of Khyber Pakhtunkhwa Public Service Commission to forward the recommendations of a candidate who possessed qualification higher than the prescribed qualification.
Requisite qualification being Bachelor Degree in Commerce/Business Administration of A.C.M.A. from recognized University
Prescribed qualification
Additional qualification
Distinction Certificate/ Degree
Countable examination
Scope
Contention of candidate was that he was more qualified and eligible as compared to the respondents who had been recommended for recruitment
Validity
Candidate/petitioner was holding a Bachelor Degree in Commerce which was the prescribed qualification for the posts in question
Petitioner had obtained his Master's Degree in Commerce with distinction but Master Degree was not the prescribed qualification
Said qualification of candidate had been considered by the department as an additional qualification
Petitioner was low in merits from the respondents
Candidate had rightly not been recommended for recruitment
Candidate had no Distinction Certificate/Degree from the Board/University in B.Com rather Distinction Certificate issued by the college was on record
Petitioner had distinction position in M. Com but same was not the prescribed qualification for the posts in question
Distinction marks could be allowed only for standing first in the last/final University/Board examination prescribed for the post
Countable examinations of candidate for the purpose of awarding distinction marks were the annual examinations of Board/University
Petitioner, in circumstances, had no distinction certificate from the Board or University in S. S. C or D. Com or B. Com while his distinction in M. Com did not fall within the ambit of countable examination
Petitioner was not entitled to any marks on the basis of distinction/standing first in the examination of M. Com
Constitutional petition was dismissed in circumstances.
Prescribed qualification for the purpose of regularization of service of a contract appointee should be that which was prevalent at the time of his appointment.
"Prescribed qualification", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945882
Precedents & Case Laws citing "Prescribed qualification"
2018 P L C (C
MUHAMMAD KASHIF JAMIL Versus PUBLIC SERVICE COMMISSION through Chairman and 5 others
Court: Peshawar High Court2001 P L C (C
ABDUL RAHMAN Versus GOVERNMENT OF PAKISTAN
Court: Federal Service Tribunal2023 P L C (C
WAQAS RASOOL and others Versus SECRETARY SCHOOL EDUCATION and others
Court: Lahore High Court2006 P L C (C
SHAHID IQBAL Versus SECRETARY TO GOVERNMENT OF N.-W.F.P. SCHOOLS AND LITERACY DEPARTMENT, PESHAWAR and 3 others
Court: Peshawar High Court2024 P L C (C
CHIEF COMMISSIONER INLAND REVENUE, REGIONAL TAX OFFICE, BAHAWALPUR and others Versus BAQA MUHAMMAD LASHARI
Court: Supreme Court of Pakistan2024 S C M R 1164
CHIEF COMMISSIONER INLAND REVENUE, REGIONAL TAX OFFICE, BAHAWALPUR and others — Petitioners Versus BAQA MUHAMMAD LASHARI — Respondent
Court: Supreme Court of Pakistan2021 P L C (C
MARIA JABEEN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA and others
Court: Peshawar High Court1989 P L C (C
Dr. AHSAN WAHEED RATHORE Versus GOVERNMENT OF PUNJAB and others
Court: Lahore High Court1990 P L C (C
MUHAMMAD SALEEM AKHTAR Versus GENERAL MANAGER (WATER), NORTH WAPDA,
Court: Federal Service Tribunal1997 P L C (C
PUNJAB EMPLOYEES' SOCIAL SECURITY Versus KHADIM HUSSAIN
Court: Lahore High Court