KARACHI, Oct 10: A constitutional petition challenging the FPSC stand vis-a-vis allocation of seat from urban Sindh Karachi (East) in the Competitive Examination 2000 has been admitted for a hearing by a division bench of the Sindh High Court.
The bench comprised Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi.
The petitioner, Khan Faisal was born in Karachi on July 30, 1976 and did his primary and secondary education from Gulistan Shah Abdul latif Boys School, Sindhi Muslim Cooperative Housing Society, Karachi.
He passed his Intermediate examination from Government College for Science Gulshan-i-Iqbal and did his graduation in commerce from Karachi University. He is domiciled in Karachi East and has also been issued PRC by the DM East.
The petitioner’s father Additional Advocate General Sarwar Khan came to Karachi from Rawalpindi in 1964. After completing his education, he started his legal practice in the year 1977 as an advocate.
The petitioner appeared in the written examination of the FPSC and was declared successful.
When the petitioner was waiting for viva voce examination, he received a letter on July 13, 2001, from Assistant Director CSS saying that his “domicile has been accepted by the commission as of NWFP for the purpose of allocation in terms of Rule 6(iii)(a) of the Rules relating to the above examination”.
The petitioner on receipt of letter made a presentation challenging his allocation from NWFP on the basis of the referred rule for the competitive examination 2000 issued by the Federal Public Service Commission.
With the said representation, the petitioner also gave details pertaining to the domicile and the relevant document which his father and his two sisters were having.
In the meantime, the petitioner received a letter from the above respondent saying the “Commission has reconsidered your case and reiterates its decision already communicated to you vide this office letter of even number dated July 13”.
The petitioner submits that the rule 6(iii)(a) notified by respondent No. 2 is ultra vires of the Constitution and the petitioner having no other efficacious alternate remedy preferred this petition.
The petitioner, who was represented by Gohar Iqbal contended that “rule 6(iii)(a) of respondent No. 2 is in conflict with the Articles 23, 27 and 37 of the Constitution of Islamic Republic of Pakistan hence liable to be set at naught.
“That the orders of respondent No. 2 and 3 allocating the petitioner’s seat from NWFP on the basis of the birth-place of his father unilaterally is ultra-vires with the rights of the petitioner guaranteed under the Constitution”.
It was also his case that the respondents have mis- interpreted rule 6 framed by the respondent No. 2 by refusing the petitioner allocation of seat from Sindh Urban Karachi (East) quota.
The respondent No. 2 and 4 erred in law in overlooking the documentary evidence which the petitioner has placed before them. It is the case of the petitioner neither he, nor his father or sisters ever resided in the NWFP.
On the contrary, the petitioner’s father and his sisters on the basis of their domicile issued by District Magistrate Karachi East were serving in Sindh and were getting education in medical colleges at Karachi.
That refusal to allocate the seat from urban Sindh quota to the petitioner would have far-reaching effects not only on the petitioner but also on his other family members.
The petitioner submits that on identical grounds certain Constitution petitions bearing No. 837, 933, 461 of 2000 were filed before the division bench which by its judgment dated Aug 8, 2000 declared rule 6 (iii) (a) of the Competitive Examination Rules 2000 framed by Respondent No. 2 as ultra vires of the Article 27(2) of the Constitution.
