Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Civil service--- ----Typing test for promotion---Plea of employee-petitioner was that he was declared successful in typing test and was recommended for promotion but subsequently he had been declared as fail in the said test---Validity---No procedure with uniform standards had been provided by the government for conducting typing test to determine valuable rights of contesting candidates---Such determination was left with the discretion of authority with every possibility of its misuse to accommodate the favorites---Procedural impropriety would be a ground for judicial review of executive action---Notified procedure should be followed to conduct typing test for determining eligibility in fair, just, transparent and reasonable manner---Typing test conducted by the department in absence of any transparent prescribed procedure was set aside---Department was directed to allow the employee as well as other contestants to participate in typing test to be conducted in transparent, fair and reasonable manner---Constitutional petition was disposed of in circumstances. Secretary Establishment Division, Government of Pakistan, Islamabad v. Aftab Ahmed Manika and others 2015 SCMR 1006; Saddaqat Ali Khan through L.Rs. and others v. Collector Land Acquisition and others PLD 2010 SC 878; Habibullah Energy Limited and another v. WAPDA through Chairman and others PLD 2014 SC 47; Raja Mujahid Muzaffar and others v. Federation of Pakistan and others 2012 SCMR 1651; Al-Hamza Ship Breaking Co. and 14 others v. Government of Pakistan through Secretary Revenue Division, Ministry of Finance, Islamabad and others 2015 SCMR 595 and Suo Motu Case No.13 of 2009 PLD 2011 SC 619 rel. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional jurisdiction--- Scope--- Procedural impropriety would be a ground for judicial review. THIS JUDGMENT DELIVERED BY: SHAHID JAMIL KHAN, J.--- A direction is sought for promotion of petitioner to BS-04, pursuant to recommendations by Departmental Promotion Committee ("DPC") in its meeting held on 11.08.2015. Petitioner, being Naib Qasid, is posted at Medical Social Services Project, THQ Hospital, Kot Radha Kishan, District Kasur. As per contents of…

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