Law: Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009

Section: 49(2),(3)

Law: Constitution of Pakistan, 1973

Section: 199

Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009--- ----R. 49(2) & (3)---Constitution of Pakistan Art.199---Constitutional petition--- Illegal/irregular appointment--- Lack of prescribed qualification, experience and artistic skill---Effect---Non-existence of names of respondents in the merit list---Contention of the petitioner was that the appointment of respondents had been made by an incompetent Departmental Selection Committee in violation of principles of transparency as well as merit---Validity---Chairman of the Departmental Selection Committee was on leave, therefore, Deputy Director could not advertise the post, convene a meeting or make recommendations for making the appointments---Deputy Director knew that he did not have authority and in the minutes of the meeting and the final merit list of the candidates provided by the official respondents was signed by Deputy Director instead of the Chairman of the Departmental Selection Committee, which was in utter violation of Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009---Respondents did not have the stipulated qualification had no required two years' experience and did not possess any artistic skill---Non-possessing the stipulated qualification and experience was sufficient to establish the case of the petitioner and the mala fide of the members of the Departmental Selection Committee in the illegal appointments of respondents---Respondents having no demonstrable artistic ability had further eroded their ability, integrity and competence---High Court directed the competent authority to take disciplinary action against the delinquents---Constitutional petition was allowed in circumstances. JUDGMENT MUHAMMAD EJAZ SWATI, J.--- The petitioner through Constitutional Petition No.818 of 2011 has assailed the appointment order dated 2nd November 2011 of the respondent No.3 Dil Murad and respondent No.4 Abdul Qahir as Art Teachers (B-11) issued by respondent No.2 (hereinafter referred as to "the authority"), whereas in Constitutional Petition No.822 of 2011, the petitioners have assailed the appointments of respondent No.3 Abdul Hakeem as Mali (B-2),…

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