Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Appointment---Respondent was appointed on deputation against the post reserved for promotion---Appointment was made by relaxing rules---Petitioner was deprived from right of promotion---Effect---Appointment of respondent was result of some extraneous considerations and not on the principles of merit, transparency, credible process and requisite qualification---Senior official of the establishment who possessed the qualification and experience to be promoted as executive director had been denied the right of consideration, not on the basis of any valid reason rather on flimsy grounds, conjectures and surmises---Appointment of respondent incumbent was declared illegal by High Court and set aside---Department was directed to immediately commence the process of promotion by considering the eligibles on the basis of seniority cum fitness---Constitutional petition was allowed. (b) Constitution of Pakistan--- ----Art. 199-Constitutional petition---Civil service---Appointment against public posts---Procedure---Open competition---Appointments in government departments, establishments, organizations, corporations and companies must be based on merits through open, transparent and credible competitive process---Appointments made on political affiliations, extraneous considerations, polluted process and based on favoritism were disapproved. Tariq Aziz-ud-Din's case 2010 SCMR 1301; Amina Turab's case PLD 2013 SC 195; Muhammad Yasin's case PLD 2012 SC 132 and Hajj Corruption's case PLD 2011 SC 963 rel. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Competitive process for appointment--Appointment made without open competition by relaxing rules---Appointing authority came with the explanation that appointment though made besides the prescribed procedure and without competitive process but appointee being most deserving person, highly qualified and richly experienced was accommodated in the public interest---Validity---Appointment without competitive process or merit, promoted the culture of corruption, discrimination and undue…

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