Law: Constitution of Pakistan, 1973

Section: 185(3),199,199(1)(b)(ii)

(a) Constitution of Pakistan--- ----Arts. 185(3) & 199---Civil service---Appointment---Suitability of a candidate---Jurisdiction of the Supreme Court and Constitutional jurisdiction of the High Court---Scope---Court could not take upon itself the function of the appointing authority in order to judge the suitability of a candidate. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Writ of quo warranto---Scope---Writ in the form of quo warranto was an extraordinary discretionary jurisdiction and the Court was not bound to exercise such jurisdiction in each and every case specially where on account of laches the matter had lost its significance or in cases of minor discrepancies or sheer curable technicalities or where the approach was doctrinaire unless it was shown that non-interference would result in grave injustice or would amount to endorsing the retention of illegal gains (c) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Writ of quo warranto---Scope---Civil service---Appointment criteria---Prescribed qualification and experience---Candidate appointed to post lacking the prescribed qualification and experience at time of appointment but fulfilling the same during pendency of writ (of quo warranto) filed against him---Where the eligibility of a public servant was under attack on the ground that such public servant did not fulfil the substantive condition of eligibility to such office on the cutoff date prescribed in the process, then such violation of the substantive statutory requirement could not be overlooked merely on the ground that pending action in the Court such government servant had met the required condition of such office. Ammad Ahmad v. National Highway Authority 2018 PLC (C.S.) Note 187; M.A. Jabbar and others v. Federation of Pakistan 1999 PLC (C.S.) 686 and Sajid Hussain v. Shah Abdul Latif University Khairpur PLD 2013 Sindh 232 not approved. THIS ORDER PASSED BY: SAJJAD ALI SHAH, J.--- The petitioners seek leave of this Court against the judgment of the Sindh High Court whereby the said Court while allowing the petition filed by respondent No.1, declared the appointments of petitioners to the post of Inspector (Security)…

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