Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Concessional quota---Patwari, appointment of---Petitioner was son of retired government servant and sought his appointment as Patwari against concessional quota---Validity---Department had to first fill vacancies on open merit and then cases of persons, who could not compete on open merit must have been considered against concessional quota, if they applied for the same---Department could not be allowed to import successful candidates from open merit into concessional quota as the whole scheme of policy of creating quotas would be frustrated and main purpose of keeping concessional quota would end to be just an eyewash---High Court directed the authorities to adjust successful persons whose name had been mentioned against concessional quota, on open merit and petitioner would be appointed against concessional quota, if otherwise, petitioner stood on merit and had met with appointment criteria---Petition was allowed, in circumstances. Nergis Shazia Chaudhry v. Federal Public Service Commission and others 2010 PLC (C.S.) 1035; Ritesh R. Sah v. Dr. Y.L. Yamul and others (1996) 3 Supreme Court Cases 253 and AIR 1996 Supreme Court 1378 rel. ORDER MUHAMMAD QASIM KHAN, J.--- Pursuant to advertisement about nine vacancies of Patwaries (six on open merit, 2 on concessional quota for government employees' children, and one on disabled quota), the petitioner being son of a retired government servant submitted his candidatures and after completing the requisite formalities, the name of the petitioner fell at serial No.4 of the contesting candidates against concessional quota, as there were only two vacancies, therefore, he could not be appointed in said concessional quota. Through this writ petition the grievance of the petitioner is that two other candidates namely Shaukat Ali Javaid and Saeed Khan had obtained 67 and 60 marks respectively, therefore, they could be conveniently adjusted on open merit, but they both were included and selected against concessional quota, thus the petitioner was deprived. According to the learned counsel, concessional quota was meant to…

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