Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Quota/post reserved for general public---Scope---Recommendations for appointment of departmental/in-service employees against the posts reserved for general public were challenged---Contention of the petitioner was that quota for in-service employees was already fixed, therefore respondent/in-service employees could not be appointed against the posts reserved for open quota---Validity---Neither the respondents/in-service employees were prohibited from applying against the reserved posts for general public nor any rule had barred or restricted in-service employees from applying against open quota---In-service employees could apply for a post falling in any quota which was much available to them---Constitutional petition was dismissed. JUDGMENT LAL JAN KHATTAK J.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioner seeks issuance of an appropriate writ from this Court declaring recommendations of recruitment of the private respondents Nos.6 and 7 as Assistant Sub-Inspector against the General Public quota reserved for D.I.Khan, to be null and void, ultra vires and contrary to law and Constitution. The petitioner has further prayed that the official respondents be directed to recommend the petitioner in place of the respondents No.6 and 7 for their appointment as Assistant Sub-Inspector against the quota reserved for the General Public. 2. Brief facts of the case are that Khyber Pakhtunkhwa Public Service Commission vide advertisement No.4/2008 dated 8-7-2008 invited applications from eligible candidates for their appointments against 208 posts of Assistant Sub-Inspectors BPS-9. Out of the total 208 posts 119 posts were reserved for General Public while rest of 89 were reserved for Head Constables and Constables already working in the police department having a qualification of graduation from a recognized university. 3. According to the advertisement, out of 115 posts reserved for General Public 6 were allocated for D.I.Khan range whereas from the quota reserved for in-service constables and Head…

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