Akhlaq Hussian Vs KP PSC

I

Judement Sheet

IN THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH.

JUDICIAL DEPARTMENT

W.P.No. 5'14-N2018.

JUD

Date of hearing 03.10.2018

Petitioner (khlaq Hussain Mr. Asjad Parvaiz Abbasi Tipu) by Advocate.

Respondents (Chairman KP K Mr. Yasir Zahoor Abbasi, AAG. Public Service Commission and another) by:

SYED MAHAMMAD ATTIOUE SHAH. J:- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner has prayed as under:-

" on acceptance ofthe instant writ petition, the result of the petitioner be ordered to be re-evaluated/re-checlced./re-examined and marlrs of the petitioner be ordered to be rectified/enhanced and the merit position ofthe petitioner, be ordered to be revised accordingly AND a committee may also be constituted in order to examine the OMR examination system as it seriously Preiudice the t

result/merit/selection process of petitioner in particular and other candidates in gmeral. "

7 Brief facts of the case as per contents of the petition are that the petitioner has applied for various posts advertised by different departments through Public Service Commission, including the posts of:

Tehsil Municipal fficer, advertised by Local Government.

u Office Assistant, Establishment Department. 1fi. Assistant in Law and Parliamentary Affairs Department and lv Assistant Telail Oficer.

3 The respondent Public Service Commission conducted the tests for the aforesaid posts through OMR (optical mark recognition) system. The main grievance of the petitioner in brief is that, being a highly qualifred person, he was expecting higher scores, but due to improper calculation/emulation/preparation of results by the respondent Public Service Commission through OMR system, his marks in every result were very low.

4 Arguments of leamed counsel for the

petitioner and AAG heard and the record was perused with their valuable assi stance.

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5.Perusal of record reveals that the petitioner applied for the post of Tehsil Municipal Officer, advertised vide advertisement No. 06/2017 . The test was conducted on 10.02.2018 while the result was declared on 27.02.2018. In the said result the petitioner obtaited 227 marks out of 400. Since the petitioner was expecting more than 300 marks, therefore, he submitted application dated 01.03.2018 to the respondent Public Service Commission for re-checking of his papers. In response to his application, the respondent commission vide letter dated I I .04.201 8 informed him that his result of ability test has been revised. As per revised result the petitioner secured 237 insteadof 227 marks.

6 The services or respondent/Public Service Commission are govemed under Khyber Pakhtunkhwa Public Service Commission Regulations, 2017. According the said regulations, any candidate who wants re-checking or retotaling of his marks is required to approach the commission within twenty days as per clause (o) of Regulation 36 which is reproduced for the sake of convenlence:-

u36.----

(o)If any candidate applies for re- checking or re-totaling of marla,

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he/she shall approach the Commission within twenty days afier the announcement of results of all bind of test/examination held by the Commission. No request after expiry ofsaid period shall be entertained. "

7 Inpara-7 of their comments, the respondents have admitted that large number of representations were submitted by the candidates, the Commission verified 'Answer Keys' provided by the Examiner. It was confirmed that some mistakes needed rectification, therefore, the result was rectified accordingly as a result whereof few candidates got additional marks while others suffered. The said assertion of the respondents- Commission prima facie reflects that there may be some defect/fault in calculation/evaluation/preparation made through OMR system. When confronted with the situation, leamed AAG could not forward any justification to this effect. Therefore, without going deep into the merits of the case, it would be proper that the issue must be settled forever by the respondent/Public Service Commission.

8 In the light of above, we dispose of this petition with direction to respondent/Khyber Pakhtunkhwa Public Service Commission to look into the t

grievance of the petitioner by providing him fair opportunity ofpersonal hearing within 15 days ofreceipt of this order.

Announced.

Dt.0i.10.2018.

J GE

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