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Writ Petition No.4898 of 1983, decided on 17th June, 1984.
---Art. 9--Selection by Public Service Commission--Candidate could not be interviewed on date fixed twice because intimation did not reach petitioner in time--Commission refused to give any further chance--Order of refusal impugned before High Court in writ jurisdiction--Neither Commission nor candidate, held, can be blamed for delay in delivery of post--Respondent (Commission directed to give another opportunity to candidate to appear for interview and keep such delays in mind before issuing intimation to candidates living in villages.
Khizar Abbas Khan for Petitioner.
Tanvir Ahmad Khan, A.A.-G. for Respondent.
Date of hearing: 17th June, 1984.
The petitioner was a candidate .for the post of Medical Officer but he could not be interviewed on the date fixed as the intimation to him did not reach in time. On his representation another chance was given to him by the Public Service Commission but this time too the intimation did not reach him in time. He made a further representation to the Public Service Commission but his request has not been accepted.
2. It is correct that the intimation was issued in time by the Public Service Commission and the blame does not lie on them if there was a delay in the delivery of post. The fact, however; remains that the petitioner also cannot be blamed for the late receipt of the Intimation. The petitioner lives in a village in Jhang. There are considerable delays in postal deliveries in case of villages, as has been proved twice in the present case. The Public Service Commission should keep these delays in mind before issuing intimation to candidates living in the villages. In all fairness, therefore, the petitioner deserves to be given another chance for the interview. The Commission can always supplement their earlier recommendations, even if the process of that selection has since been concluded.
In view of the above considerations, this writ petition is allowed. The Public Service Commission is directed to give another opportunity to the petitioner to appear for interview. The Secretary of the Commission may call the petitioner and personally intimate to him the date of interview. The petitioner may appear before the Secretary for this purpose on 24-6-1984. There shall be no order as to costs.
M.I. Petition accepted.
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