Case Details

Citation(s)
2017 SLG 297 2017 SLD 297 2017 PLC 81
Balochistan High Court
C.P. No. 289 of 2016, decided on 25th August, 2016. Date of hearing: 22nd June, 2016.
MUHAMMAD NOOR MESKANZAI, CHIEF, JUSTICE AND MUHAMMAD EJAZ SWATI, JUSTICE
Adnan Ejaz for Petitioner. Zahoor Ahmed Baloch, A.A.G. for
Respondents.

MUNAWAR HASSAN

VS

. CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN AND 3 OTHERS

Law:

Section:

Civil service------.----- ------.-------Appointment------.----- Advertisement for appointments------.----- Candidates participating in written test and interview------.-----Cancellation of recommendations and conducting of fresh test and interview ------.-----Locus poenitentiae, principle of------.-----Applicability------.-----Equal treatment--Scope------.-----Petitioners had participated in the test and interview but the department did not announce the result and decided to cancel the recommendations and conduct fresh test and interview------.-----Validity------.-----No irregularity and illegality was found in the constitution of Recruitment Committee------.-----Process of test and interview was fair and transparent and merit list did not suffer from any illegality, impropriety and invalidity------.-----Recommendations were based on merit and did not suffer from political inclination, motivation and consideration------.-----Recommendation by the validly constituted Recruitment Committee deserved weight and regard------.-----Fresh test and interview would cause financial loss to national exchequer------.-----Candidates who had been recommended for appointment were justified to expect for the fruit of their labour------.-----Undisputed merit list had created a vested right which required to be given due weight and regard------.-----Proposed annulment of undisputed merit list and nullification of valid recommendations without legal and plausible justification was based on mala fide------.-----Competent authority in matter of appointment could not act at his wish, whim and sweet will------.-----Discretion must be exercised carefully, cautiously, fairly and justly------.-----Proposal of fresh test and interview by the department was not based on any legal basis nor there was any rational and wisdom behind such suggestion------.-----Only one candidate had filed the present constitutional petition but all equals must be treated equally and similarly------.-----High Court being custodian of Constitution should ensure that State did not fail performing its constitutional obligation------.-----Chief Secretary was directed to take notice of such facts and should not…
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