Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Law: General Clauses Act, 1897

Section: 21

Balochistan Civil Servants Act (IX of 1974)---   ----S. 5---Constitution of Pakistan (1973), Art.199---General Clauses Act (X of 1897), S.21---Constitutional petition---Appointment---Principle of locus poenitentiae---Applicability---Scope---Department advertised for the post of an office Assistant and petitioner who was serving in the department as Junior Clerk, considering himself eligible for the post of office Assistant, appeared as a candidate for said post---Committee, conducted the tests and interview, recommended two candidates for the posts---Petitioner was recommended to be kept in waiting list, subject to availability of the post of office Assistant in near future---Petitioner had contended that as he had qualified the interview, recommendation made by the Committee were binding and as post was lying vacant, he was entitled for appointment on said post---Counsel for the petitioner laid much stress on the principle of locus poenitentiae, contending that recommendation so made carried legal effect and in view of law of estoppel, authorities were bound to honour their recommendations---Validity---Petitioner did not qualify the standard for a variety of reason; firstly Committee was constituted for the limited purpose of conducting tests and interview for the post already created, available and published; Committee could not be deemed empowered to make recommendation for a post, not in existence; secondly, the recommendations so made were beyond the mandate and authority of the Committee; thirdly, the petitioner himself had declared the recommendations partly to be based on mala fide---Recommendations sought to be enforced by the petitioner, in circumstances, had no legal sanctity nor for that matter the Committee was empowered to interview a candidate in advance for the post not in existence nor published---Principle of locus poenitentiae was not available to the petitioner to maintain the petition---For attracting the principle of locus poenitentiae, the subject must be equipped with a valid right i.e. a legal order in favour of subject by a competent authority; and that should be communicated to an agency or office bound to carry it out---Said…

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