Law: Constitution of Pakistan, 1973

Section: 199

(a) Khyber Pakhtunkhwa Judicial Service Rules, 2001 ---.--- ---.--- -R. 7(b) ---.--- Constitution of Pakistan, Art.199(5) ---.--- Constitutional petition ---.--- Maintainability ---.--- Advertisement for appointment of Additional District and Sessions Judges ---.--- Condition of five vakalatnamas per year for the last five years ---.--- Scope ---.--- "Practicing advocate" ---.--- Scope ---.--- High Court advertised posts of Additional District and Sessions Judges for which condition of five vakalatnamas per year for the last five years was added ---.--- Contention of petitioner was that said condition of five vakalatnamas per year for the last five years was against Fundamental Right ---.--- Validity ---.--- Petitioner had not brought on record even copy of a single vakalatnama to prove that she remained a practicing advocate during the last five years ---.--- Petitioner had even failed to produce any joint vakalatnama or any list of cases conducted by her jointly ---.--- Lawyers community of the entire Province had not only hailed the said condition but had also deemed it to be in the interest of lawyers and in turn the judiciary ---.--- Said condition of five vakalatnamas per year for the last five years was not in violation of Fundamental Rights of the petitioner ---.--- Said condition would minimize the concept of non-practicing advocates or absenteeism from the legal profession ---.--- Department had right to enhance qualification and standard for recruitment and promotion in order to maintain efficiency in service ---.--- Non-judicial or administrative orders of High Court had been protected under Art.199(5) of the Constitution ---.--- Constitutional petition was dismissed in limine. Muhammad Nadeem Arif and others v. Inspector General of Police Punjab, Lahore and others 2010 PLC (C.S.) 924; Tahmasub Faraz Tayyab and 13 others v. Vice-Chancellor, University of Health Sciences, Lahore and 3 others PLD 2005 Lah. 261; Lt. Col. Nafis-ud-Din Ansari v. Qazi Habibullah and others PLD 1989 Lah. 26; M. Adil Hayat Khan v. Government of Sindh and others PLD 2002 Kar. 131; Abdul Aziz and another v. Government of Khyber Pakhtunkhwa through Chief Secretary and 3 others…

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