Judgment on pleaded facts

  1. Fact that appellant appeared before the Public Service Commission unfolded when after hearing the arguments on 30.3.2005 — The learned Judge on 31.3.2005 summoned the record of Public Service Commission but no further date was fixed as on 30.3.2005 the judgment had been reserved — Finally the impugned judgment was announced on 8.4.2005 — The judgment of the High Court is mainly based on its own conclusions which have been drawn after perusal of record summoned — Held: This procedure has repeatedly been disapproved by this Court — The impugned judgment suffers from a legal fault — Necessitating remand of case to High Court which order not passed in view of peculiar circumstances of the case. M. Bilal Khan v. Azad Govt. 2009 SCR 493 (B)
  2. It was prayed that the case of appellant for regularisation/confirmation be sent to Public Service Commission separately on one man one post basis without tagging him with fresh graduates or advertisement of post — In case the appellant is not found suitable by Public Service Commission, he may not be retained in service — In presence of this prayed relief High Court could not dismiss the writ petition on  the ground that appellant has not come to the Court with clean hands, as he had pleaded some facts which were found to be against the record — Help: High Court was not justified to hold that equitable relief cannot be granted to the appellant on account of his filing writ petition in the High Court with unclean hands — Held further: The High Court should have addressed the prayer clause by holding that the case of appellant cannot be referred to Public Service Commission for determing of his suitability and that the legal reports relied on behalf of appellant could not be followed — When the Government functionaries were stopped through stay order to advertise one post, then the High Court should have recorded a specific finding in this respect. Muhammad Bilal Khan v. Azad Govt. & 4 others 2009 SCR 493 (C)
  3. Judgment of the High Court has been recorded on the basis of facts which were not argued at the stage of arguments — The record of Public Service Commission was summoned after reserving the judgment — Held: This Court in repeated judgments and time-honoured findings of the superior Courts has held that superior Courts are bound to record the judgments on pleaded facts and arguments at Bar. Muhammad Bilal Khan v. Azad Govt. & 4 others 2009 SCR 493 (A)
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