RIAZ AHMAD Versus PUBLIC SERVICE COMMISSION KYBER PAKHTUNKHWA

MUHAMMAD DAUD KHAN, J.--- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Riaz Ahmad, the petitioner, has made a prayer for issuance of an appropriate writ directing the respondents to allow him additional 01 mark and call him for interview against the post of SST (G).

2. When put on notice by the Court, the answering respondents filed their comments.

3. Arguments heard and record perused.

4. At the very outset the learned counsel for the petitioner drew attention of this Court to a letter dated 15-02-2011 of Allama Iqbal Open University addressed to the Secretary Khyber Pakhtunkhwa Public Service Commission wherein the issue in question was discussed with much clarity. For the sake of convenience, the same is reproduced below:--

"This is with reference to the applications received from the students of Khyber Pakhtunkhwa who have passed their B.Ed from the Allama Iqbal Open University. According to the students, Public Service Commission (KPK) considers the autumn semester of AIOU as a supplementary examination thus the candidates passing the programme in Autumn semester and appearing in PSC are being deducted 1 or 2 marks on this ground while preparing merit for appointment against any post.

This is to clarify that minimum duration of the B.Ed programme of the University is three semesters (1 years). If it is offered in Autumn semester, its last semester will also be the autumn being three semesters duration and if a student starts the programme in Spring semester his 3rd/last semester will be the Spring semester

I think deduction of marks on the above ground is due to some misunderstanding "

The above letter clearly construed both the examinations i.e. Spring and Autumn as annual.

5. Above all, in view of the ratio decidendi settled by this Court in the case of "Hamid Khan v. Government and others W.P. No.178/2003" wherein deduction of 01 mark because of passing B.Ed in Autumn examination, held by respondents as supplementary, was declared illegal and without lawful authority; and the same view of this Court was maintained by the Apex Court in CPLA No. 268-P of 2005 by refusing leave to appeal to respondents, the petitioner is also entitled for the said one mark.

6. In view of the above, we are fortified that the action of respondents by deducting one mark from the petitioner is void ab-initio and without lawful authority, accordingly, this writ petition is allowed; both the examinations i.e. Autumn and Spring are hereby declared as annual; and the KPPSC/respondents are, therefore, directed to add one mark in the total of the petitioner and to call him for interview by not dislodging anyone already appointed.

ZC/165/P Petition allowed.