Eligibility of candidates

2018 PLC(CS)N 129 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 14(2)Appointment as Controller of Examination Board of Intermediate and Secondary EducationEligibility of candidateDetermination ofCriteria

Petitioner-employee was promoted and appointed as Controller Examination Board of Intermediate and Secondary Education but he was repatriated to his parent department in the light of judgment passed by the Supreme Court

Validity

No one had vested right to a particular post at a particular place

Post of Controller of Examination was to be filled through initial recruitment by the Controlling Authority by effecting competition

Petitioner was promoted to the post in question, therefore, he was not fresh appointee

Eligibility of a candidate had to be determined in accordance with advertisement for the post, service rules governing the appointment and any amendment or instruction backed by law

Nothing was on record that any advertisement for the post of Controller of Examination was made and subsequent proceedings were conducted

Petitioner was promoted and "not initially appointed"

No illegality, infirmity or material irregularity had been pointed out in the impugned order passed by the department

Constitutional petition was dismissed in circumstances.

2017 SCMR 132 SUPREME-COURT Judicial Precedent

S. 2(mmm)Local bodies electionsReserved seat for 'worker' on Municipal CommitteeEligibility of candidate

Only such person, who was directly engaged in physical work and for his subsistence relied on physical labour or fell within the definition of 'worker' as contained in the Punjab Industrial Relations Act, 2010 qualified to contest election on the reserved seat of 'worker' and not a person who was a businessman or a trader.

2016 SCMR 1136 SUPREME-COURT Judicial Precedent

Rr. 4(ii)(c) & 3Central Superior Services (CSS) ExaminationEligibility of candidatesRelaxation in upper age limit by 2 years for residents of Azad Kashmir

Candidate in the present case obtained domicile of Azad Kashmir on the strength of her husband's status as an inhabitant of Azad Kashmir

According to R. 3 of Rules for Competitive Examination (CSS), 2013 the cut off date for determining the eligibility of the candidate in terms of age, qualifications, domicile, etc., was 31st December, 2012, whereas the female-candidate in the present case acquired the domicile certificate on 1st December 2014, almost two years after the cut off date

Cause of action at the most accrued to the female-candidate when her domicile certificate was issued on 01-12-2014 and not earlier than that and when a period of about two years had already elapsed after cut-off-date of Competitive Examination, 2013

Even if the female-candidate was granted age relaxation of two years being a state subject, this ended on 31-12-2014

Though the candidate had applied twice for Competitive Examinations after her marriage but she did not apply for grant of age relaxation on any account including that of Azad Kashmir subject

Candidate for the first time applied for age relaxation of two years on 30-5-2015 on account of Azad Kashmir subject when such period had already elapsed

In such circumstances, there was no occasion for grant of age relaxation to the candidate

Even otherwise, the Competitive Examination, 2013 was held and in pursuance thereof, the appointments had already been made, as such, it had become past and closed transaction

Petition was dismissed accordingly.