Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Contract Appointment Policy, 2004--Appointment of Pharmacists--Recruitment process--Concealment of facts--Locus Standi--Maintainability--Challenged recruitment process--Constitutional Jurisdiction--Question of--Whether, in service matters of appointment or transfer, associations can file writ petitions--It is evident that petitioner is not aggrieved of any orders, acts or proceedings done or taken against it by respondents--Infact, impugned recruitment process is only between Respondents and candidates for Pharmacists (Field Force) which has nothing to do with Petitioner, therefore, Petitioner is not an aggrieved person to approach this Court under Article 199 of Constitution--Any Member of Association individually could challenge same if he was aggrieved, which infact he was not, but he has not come forward to challenge same--Petitioner/Association being a third party, in my view, had no locus standi to challenge impugned advertisement nor it falls within ambit of aggrieved party--Litigation qua legal status of Petitioner is pending adjudication before Civil Court, therefore, matter involves disputed question of facts which cannot be resolved through Constitutional jurisdiction of this Court--Petition was dismissed. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE---.--- Through the instant Constitutional petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has made the following prayers: "In view of the foregoing, it is most respectfully prayed that the instant petition may kindly be accepted and this Honourable Court may kindly be pleased to: Declare that the Impugned Recruitment Process is ultra vires the provisions of Drugs Act, 1976 and the Punjab Drugs Rules, 2007, amounts to abdication and outsourcing of regulatory functions and is, therefore, liable to be declared illegal, unlawful and of no legal effect; Declare that the Impugned Recruitment Process offends Articles 4, 10A and 25 of the Constitution and is liable to be struck down; Restrain the Respondents from proceeding further with the Impugned…

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