| 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.
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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