Pakistan Case Law
2006 SCMR 1529

IFTIKHAR AHMAD and another vs AUDITOR-GENERAL OF PAKISTAN and otherss

⭐ Prefer in Google
Citation2006 SCMR 1529
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.346 and 372 of 2003
Date2004-12-30
Judge(s)Iftikhar Muhammad Chaudhry and Tassaduq Hussain Jillani
Authored byIftikhar Muhammad Chaudhry
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioners challenged the applicability of the government policy dated 11th March 1996, titled 'the Rules and Regulations for appearance of old candidates in Divisional Accounts Officer's Examination,' seeking exemption from its requirements. The core legal question was whether candidates who had voluntarily accepted and acted upon a new examination policy by availing three attempts could subsequently challenge the applicability of that policy to their cases. The Supreme Court held that having accepted the new system and participated in the examinations thereunder, the petitioners were estopped from contending that the new policy did not govern their cases. The Court affirmed the decisions of the High Court and the Federal Service Tribunal, which had declined to interfere with the government's policy. The principle laid down is that a party who acquiesces to a new administrative arrangement by availing its benefits or participating in its processes cannot later challenge the validity or applicability of that arrangement, particularly in the absence of any question of public importance.

Questions settled in this judgment
  • Can a candidate challenge the applicability of a new examination policy after voluntarily participating in the examination process under that policy?
  • Does the acceptance of a new administrative arrangement by a candidate preclude them from later arguing that their case should be governed by a previous policy?
  • Is a matter involving the interpretation of examination policy for government employees necessarily a matter of public importance?
service lawestoppelexamination policygovernment policyacquiescenceDivisional Accounts Officeradministrative law

ORDER

1. ' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- In listed petitions grievance of the petitioners is that their cases are not to be governed by the policy of 11th March, 1996 i,e, "the Rules and Regulations for appearance of old candidates in Divisional Accounts Officer's Examination" but the record reveals that they themselves have accepted the new arrangement and in pursuance thereof availed three chances as they appeared in examinations but could not qualify the same, therefore, in such view of the matter the learned Single Bench of the High Court as well as Federal Service Tribunal A declined to interfere in the policy of the Government. In our opinion once the petitioners themselves accepted the new system of examination they cannot be allowed to argue that their cases will not be governed by new policy. Besides it no point of public importance is involved in the petitions.

2. ' For the foregoing reasons the petitions are dismissed and leave declined.

Cited by 2 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.