AJK P.S.C. – My Blog

It is dire need of the hour the PSC Act, 1986 be suitably amended on the lines of Federal PSC and Punjab PSC — the desire of High Court made in para 14, page 48 fully endorsed — the amending Ordinance is not ultra vires the provisions of Constitution. Syed Mumtaz Hussain Naqvi & 9 others v. Raja Muhammad Farooq Haider Khan & 4 others 2014 SCR 43 (Q)
The Public Service Commission is most important Constitutional organ of the State — the functions of which are to conduct test and examination for recruitment to civil service of AJ&K and such post in connection with the affairs of the Govt. — the persons inducted in the service of AJ&K have to remain in Govt. service for more than thirty years and future of the generations in AJ&K depends upon such persons who inducted in service through P.S.C. — Federal Public Service Commission and Punjab Public Service Commission consist of such persons who are highly qualified and persons of high reputation and integrity. Syed Mumtaz Hussain Naqvi & 9 others v. Raja Muhammad Farooq Haider Khan & 4 others 2014 SCR 43 (O)
There is a dire need for ensuring the merit and induction of proper persons in the service of AJ&K — a suitable amendment be brought in the Public Service Commission Act, 1986 providng similar qualification for the members as are in the Federal Public Service Commission and Punjab Public Service Commission. Syed Mumtaz H. Naqvi v. R. M. Farooq Haider Khan 2014 SCR 43 (P)
—by amendments in PSC Act, 1986, made to meet the dicta of the Supreme Court—the impartiality and transparency in appointment by PSC has been ensured— by appointment of civil judges and qazis does not militate against the concept of independence of judiciary— Shezad Anwar & others v. Azad Govt. & others 2017 SCR 1541 (G)
—after amendments in the PSC Act, 1986—appointment of retried judge of superior judiciary provided—many major changes have been made in the PSC Act, 1986, by the amendment, for independence of PSC in its functioning, fairness and transperancy in selection process and association of professional expert provided. Shezad Anwar & others v. Azad Govt. & others 2017 SCR 1541 (H)
—induction of civil judges and qazis—by PSC—to further achieve the transparency and fairness—Direction of the Court: viva of the judicial officers shall be conducted by a committee consisting of a Judge of the High Court/Shariat Court, who shall be nominated by the Chief Justice of AJK High /Shariat Court—Nominee judge shall chair the meeting—if the viva is conducted by the whole Public Service Commission—then a Judge of the High Court/Shariat Court shall be associated as professional expert—-The amendment and direction shall achieve the desired targets and concept of independence of judiciary in selection process of judicial officers by the Public Service Commission— Shezad Anwar & others v. Azad Govt. & others 2017 SCR 1541 (I)
—Power of framing policy—the PSC is the sole authority for framing the policy—for assessing suitability and fitness of a candidate—contention that awarding of marks of M. Phil degree as well as gold medal which were not submitted to the PSC before the last date of submission of the application for appointment to the post in question even then private respondent was granted marks of M. Phil degree as well as gold medal. Held: the PSC which is the sole authority for framing the policy/criterion regarding assessing suitability and fitness of a candidate, has laid down the principle through policy dated 6.10.2009 that the educational qualification acquired by a candidate after last date fixed for receipt of the application but before the interview can be considered in his final result—-as per procedure and practice of the University, gold medal is awarded at the time of convocation and not at the time of result, there was no occasion for the private-respondent, to produce the M.Phil. degree or certificate of award of gold medal before the last date fixed for receipt of application as both have been issued subsequently. Tahir Mehmood v. Public Service Commission 2019 SCR 686 (A)