Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 6,6(2),6(3)

Law: Civil Procedure Code (V of 1908)

Section: 12(2),151

Law: Pakistan Electronic Media Regulatory Authority (Amendment) Ordinance, 2007

Section: 7,7(1),9

THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:---.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeks a declaration that the notification ("the impugned notification") dated 11.11.2015 issued by the Establishment Division, Government of Pakistan be declared as without lawful authority and of no legal effect. By the impugned notification the respondent No.4 was appointed as Chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) in terms of section 7(1) of the PEMRA (Amendment) Act, 2007. The impugned notification is reproduced as under:- "With the approval of the Competent Authority, Mr. Absar Alam, is appointed as Chairman, Pakistan Electronic Media Regulatory Authority (PEMRA) under Ministry of Information, Broadcasting and National Heritage, in terms of Section 7(1) of PEMRA (Amendment) Act, 2007, with immediate effect and until further orders. 2. The terms and conditions of his appointment shall be settled separately, in terms of section 9 of PEMRA (Amendment) Act, 2007." 2. At a later stage on April 8, 2016, the remuneration and terms and conditions of appointment of Absar Alam as Chairman PEMRA were notified. According to this document issued by the Ministry of Information, Broadcasting and National Heritage, the competent authority had approved a remuneration of Rs. 15,00,000/- (net of taxes) for Absar Alam as the Chairman PEMRA and his period of contract was for four years tenure in terms of section 7 of PEMRA (Amendment) Act, 2007. 3. The process commenced with an advertisement published in the newspapers of 23.7.2014. The salient features of the said advertisement with regard to eligibility and selection procedure were to the effect that:- "Eligibility a. The Prospective candidates should have the following qualification & experience b. An eminent professional of known integrity and competence having substantial experience in media, business, management, finance, economics or law in accordance with section - 6(2) of the PEMRA Ordinance-2002 as amended by the PEMRA Amendment Act-2007. c. MA/MSc/MBA/LLB/LLM from HEC recognized university in Pakistan OR abroad at least in 2nd…