Law: Constitution of Pakistan, 1973

Section: 199,184(3),199(1)(b)(ii)

(a) Constitution of Pakistan--- ----Art. 199---Judicial review---Constitutional petition before the High Court---Maintainability---Alternate remedy---Scope---Judicial review could be exercised if the alternate remedy was not adequate or efficacious---Alternate remedy must be capable of achieving the same purpose as was sought to be achieved through the constitutional petition. 2012 SCMR 455 and PLD 2012 Sindh 425 rel. (b) Constitution of Pakistan--- ----Arts. 184(3) & 199(1)(b)(ii)---Constitutional petition before the Supreme Court/High Court---Quo warranto, writ of---Maintainability---Contents of petition---Conduct of petitioner---In writ petitions in the nature of quo warranto, the message was more important than the messenger---Contents of such petitions generally override concerns arising on account of the conduct or antecedents of a petitioner. 2013 SCMR 1159 and PLD 2012 SC 132 rel. (c) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo warranto, writ of---Laches---Laches did not apply to writ of quo warranto as the cause of action was a recurring one, so long as the public office was being held by the person in question---Unlawful holding of a public office was a continuing wrong, which may be called into question by anyone, at any time. 2010 PLC (C.S.) 731; PLD 2010 Lah. 625 and 2002 PLC (C.S.) 274 rel. (d) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo warranto, writ of---Scope---Public office---Recruitment process---Subject to judicial review---Entire process of recruitment leading to appointment to a public office could be subjected to judicial review under Art.199(1)(b)(ii) of the Constitution---Such process had to pass the test of law, which included the settled principles of due process, openness, fairness, participation and transparency---Recruitment process must be above board and devoid of the slightest smear of nepotism---Court was under an obligation to judicially review the integrity of the entire selection process to a public office. (e) Constitution of Pakistan--- ---Art. 199(1)(b)(ii)---Government of Pakistan, Establishment Division Notification No. 6/4/1996.R-3 dated 22-07-2013---Quo warranto, writ of---Pakistan…