Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199(2)(b)(ii)---Quo warranto, writ of---Maintainability---High Court in exercise of its Constitutional jurisdiction is competent to enquire from a person holding a public office as to under what authority of law he claimed to hold that office. Masoodul Hassan v. Khadim Hussain PLD 1963 SC 203 and Cap. (Retd.) Muhammad Naseem Hijazi v. Province of Punjab through Secretary, Housing and Physical Planning and 2 others 2000 SCMR 1720 ref, (b) Interpretation of statutes--- ---- Departure from Rules---Where a statute requires a thing to be done in a particular way, it must, be done by the Authority in the manner as prescribed by the statute, else departure from the Rules would invalidate the thing done in the manner other than prescribed by the Rules. Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others PLD 1971 SC 61 and Craies on Statutory Laws, 6th Edn. ref. (c) Constitution of Pakistan (1973)--- Art. 199---Constitutional petition---Appointments made in violation of the Rules and in excess of authority---Inspectors were appointed by the Authorities without relaxing the Rules and without availability of vacancies, in haphazard manner, deviating from the Rules---Validity---Where the appointments were made in violation of the Rules and in excess of authority by the Department, such appointments held of no legal effect---High Court directed the Government departments to make all appointments in accordance with the Rules and directed the heads of the departments that while making such appointments, Rules should be followed strictly to make the process of appointments transparent, so that there should not be any heart burning and ill-will amongst the public servants and other contestants---Constitutional petition was allowed accordingly. (d) Civil service--- ----Appointment---Illegal orders---While making appointments, heads of departments should not follow illegal orders issued by the concerned Ministers or any other Authority. JUDGMENT AMANULLAH KHAN YASINZAI, J.---By this Judgment, we propose to dispose of Constitutional Petitions Nos.950 of 1999 and 548 of 2000, as in both the…

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