Case Details

Citation(s)
2013 SLG 1761 2013 SLD 1761 2013 PLC 99
Islamabad High Court
Writ Petitions Nos.2765, 2901, 2887, 2891, 2893, 2840, 2842, 2858, 2859, 2808 and 2823 of 2011, decision dated: 18-10-2011
RIAZ AHMAD KHAN, J

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NAZAR MUHAMMAD QURESHI and others

VS

FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Recruitment policy---Selection criteria---Petitioners were aggrieved of change in selection criteria by government regarding selection of officials for Peacekeeping Missions of United Nations---Validity---Policy making was the prerogative of government and High Court in exercise of Constitutional jurisdiction could not make policy for government---If policy itself was not supported by any law or rule or was based on discrimination, then High Court had jurisdiction to examine the same---Government had the authority to refuse sending any officer for United Nations Peacekeeping Mission---If government had decided to send officers, then opportunity of fair competition could not be denied, irrespective of the fact that any officer was a repeater or fresh candidate, though the United Nations, in criteria had held that preference should be given to repeaters---If object of government in changing the policy was to provide opportunity to fresh candidates, then they should improve quality of education and standard of training imparted to police officers and opportunity could not be provided by depriving others from participating in competition---High Court in exercise of Constitutional jurisdiction declared fresh policy letter/guidelines of government as illegal and void---High Court declared that all petitioners eligible to appear in test in accordance with criteria laid down by United Nations Peacekeeping Operations, would have the right to participate in the competition---Petition was allowed accordingly. JUDGMENT RIAZ AHMAD KHAN J.--- This single judgment is directed to disposed of all the above titled writ petitions, as common questions of law and facts are involved in these writ petitions. 2. Facts constituting the background of all the above mentioned writ petitions are that United Nations, Department of Peacekeeping Operations, required police officers from different States for their Peacekeeping Missions. Pakistan is also included in the States, wherefrom the police officers are selected for this purpose. The United Nations Selection Team visits Pakistan to conduct tests in order to…
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