Case Details

Citation(s)
2013 SLG 1943 2013 SLD 1943 2013 PLC 1132
Balochistan High Court
Constitutional Petition No.507 of 2012, decision dated: 24-04-2013.
QAZI FAEZ ISA, C.J. AND NAEEM AKHTAR AFGHAN, J

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QAISER KHAN and 8 others

VS

CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN and 3 others QAISER KHAN and 8 others vs CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN and 3 others

Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Maintainability---Civil service---Appointment, process of---Violation of merit procedure---Effect---Vested right---Scope---Petitioners had successfully passed the written test but before the interview could be conducted, the tests were cancelled and Authority decided to start process of appointment afresh---Validity---Written test was conducted in violation of merit/procedure, which had brought into doubt the credibility and transparency of selection process---Government was within its right to cancel the selection process before any appointment had been made, particularly when serious contravention of the applicable procedure was made---No illegality had been committed by the government in cancelling the test result---No vested right had accrued to the petitioners---Constitutional petition was not maintainable. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Syllabus for examination conducted for appointment of Naib-Tehsildars---Subjects of syllabus as to the duties of Naib-Tehsildars---Naib-Tehsildar's duties were two-fold, as a revenue officer and as a law enforcement officer---Candidate who would be appointed as Naib-Tehsildar would only be tested for their knowledge of English, Islamic Studies, Pakistan Studies, Mathematics and General Knowledge but candidate's knowledge of the revenue laws and Criminal Procedure Code was not tested---Validity---High Court observed that Government would test candidates for the knowledge and competency that was a prerequisite for the work required---Testing the knowledge of Land Revenue Laws and the Criminal Procedure Code would help in choosing right man/woman for the job of Naib-Tehsildar---Writing and intellectual input a basic ability to operate a computer would also be tested. Adnan Ejaz Sheikh and Rauf Atta for Petitioners. Tariq Ali Tahir, Addl. A.-G. for Respondents. Date of hearing: 24th April, 2013. JUDGMENT QAZI FAEZ ISA, C.J.--- Learned counsel for the petitioners states that all the nine petitioners had applied for the post of Naib-Tehsildar (BPS-14) pursuant to the advertisement published by the…
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