| Citation(s) |
|---|
| 2017 SLG 930 2017 SLD 930 2017 PLJ 7 |
Sindh High Court
C.P. No. D-4679 of 2016, decided on 1.12.2016.
MUHAMMAD ALI MAZHAR & ABDUL MAALIK GADDI, JJ.
Mr. Abid S. Zuberi, Ayan Mustafa Memon, Muhammad Saad Siddiqui, & Atta H. Khoso, Advocates for Petitioners.Mr. Ghulam Mustafa Memon, Registrar of this Court alongwith Mr. Asif Majeed, Addl. Registrar (Research) and Mr. Ashraf Memon, Addl. MIT-I for Resp
C.P. No. D-4679 of 2016, decided on 1.12.2016.
MUHAMMAD ALI MAZHAR & ABDUL MAALIK GADDI, JJ.
Mr. Abid S. Zuberi, Ayan Mustafa Memon, Muhammad Saad Siddiqui, & Atta H. Khoso, Advocates for Petitioners.Mr. Ghulam Mustafa Memon, Registrar of this Court alongwith Mr. Asif Majeed, Addl. Registrar (Research) and Mr. Ashraf Memon, Addl. MIT-I for Resp
SOHAIL AHMED & othersVSPROVINCE OF SINDH & others- --RespondentS
Law:
Section:
Sindh Judicial Service Rules, 1994-- ----R. 8(1)(d)--Sindh Civil Servants Act, 1973, S. 26--Constitution of Pakistan, 1973--Art. 199(5) Constitutional petition--Rejection of candidature to take part in competitive selection process for appointment to post of ADJ--Declared not eligible being judicial officers in view of amendment--Question of maintainability-When advertisement was published, Rules were not amended and allowed serving judicial officers to apply for post of ADJ through initial recruitment--Notification of amendment--Question of-Whether amendment get done in pursuance of recommendation of Court judges meeting will be effective or operative as of moment it was proposed or will take effect from date of publication in official gazette--Determination--Amendment is reckoned from date of notification and not from date its publication in official gazette, even then, petitioners were not debarred from participating in competitive process--If Court decides a point of law which covers not only case of civil servant who litigated, but also of other civil servants, who may have not taken any legal proceedings; dictates of justice and rule of good governance demand that benefit of be extended to other civil servants, who may not be parties to litigation instead of compelling them to approach legal forum--Registrar alluded to a judicial precedent vis-a-vis well-established norms of judicial review to interfere in policy making domain of executive authority and grounds upon which an administrative action is subject to control by judicial review--Notification published in official gazette cannot be given retrospective effect. 1983 SCMR 785, ref. Constitution of Pakistan, 1973-- ----Art. 199(5)--Scope of--Judicial order or --Provisions of Art. 199(5) would bar writ against High Court if issue is relatable to judicial order or whereas a writ may lie against an administrative, consultative and executive order involving any violation of Rules framed under Art.208, causing infringement of fundamental rights of a citizen. ORDER Muhammad Ali Mazhar, J.--This petition has been brought to encounter the rejection of candidature of petitioners to take part in the competitive…