Case Details

Citation(s)
2010 SLG 3223 2010 SLD 3223 2010 PLC 1223
Lahore High Court

MALIK SAEED EJAZ, J

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Dr. ARIF ASHFAQ KHAN and 3 others

VS

GOVERNMENT OF PUNJAB through Secretary Health Punjab, Lahore and 2 others

Law:

Section:

Civil service---   ----Appointment---Assistant Professor (BS-18) in different disciplines of Medical College, vacant posts of---Selection of candidates by Special Selection Committee after fulfilling all requisite formalities as per Recruitment Policy---Non-issuance of appointment order by competent authority while directing to re-advertise posts without giving any reason therefor---Validity---Neither there was any rival contestant against petitioner nor was lodged any complaint against recommendations of their names by Selection Committee---Petitioners did possess requisite minimum qualification to be selected for such posts---When there was only one eligible candidate for the seat, then any formal procedural lacuna, if existed, could be ignored as same was not affecting right of anyone else---Impugned order did not point out any illegality or irregularity committed by Committee in selection process---If any complaint was made to competent authority that criteria laid down in Recruitment Policy was not strictly followed then best course for him could be to scrutinize individual case, and if he found such objections to be valid, then he could refer matter back to Committee for strict observance of Recruitment Policy---Petitioners after going through entire process of selection and ultimate recommendations of their names by Committee had earned a legal and legitimate expectancy to be appointed as such, which right could not be taken away or rescinded to their detriment summarily without pointing out any abuse of process of law---Striking down entire process of selection without any reason was not only against principles of natural justice, but was derogatory to the Constitution---Competent authority was supposed to issue notices to petitioners before passing impugned order and must have applied his independent mind and assigned reasons to justify its order---High Court accepted constitutional petition while directing competent authority to issue order of appointment to petitioners.   Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; PLD 1993 Lah. 141; PLD 1989 SC 166; Muhammad…
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