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MUHAMMAD AZAM KHAN versus GOVERNMENT OF N.-W.F.P.


With the appointment of Section 7 North West Frontier Province Public Service Commission (Duties) Rules, 1983, R3 Contract Act (IX 1872), Section 2 (h) Constitution of Pakistan (1973), Arts 185 (3) and 199 Civil Judges. On the basis of the contract with the Judicial Fixed Term, magistrates were recommended by the Chief Justice to regularize such appointments to the government because they had two years of judicial experience with credibility but government applicants had Was, however, advised to appear before the Public Service Commission in the scheduled competitive exam. This was done by the Public Service Commission's advertisement. The High Court has rightly said that they have no legal right to seek appointment on a regular basis, which is not a legal right accepted by the government or by appointment. ? Therefore, no duty was imposed on the government to appoint applicants as judicial magistrates with civil judges. For example, the High Court correctly found that Section 7, Public Service Commission Ordinance of the North West Frontier Province 1978. And R3 and North West Frontier Province Public Service Commission (Duty) were found to be in violation of Schedule A / R's rules. , 1983, whereby appointments for posting in the province from BPS 16 to BPS 20 should be made on the advice of the Public Service Commission, on the basis of tests and inspections commissioned for this purpose, Therefore, only applicants could occupy positions in BPS 17. Completed by law, leave to appeal was denied in circumstances

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