Law:

Section: 21(2)

Law: Constitution of Pakistan, 1973

Section: 199,212

Punjab Civil Servants Act (VIII of 1974)--- ----S.21(2)---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Promotion---Terms and conditions of service---Bar of jurisdiction contained in Art. 212 of the Constitution---Effect---Eligibility, determination of---Contention of petitioner was that respondent was not eligible for promotion---Validity---Question with regard to eligibility of a candidate did fall outside the jurisdiction of High Court in view of Art. 212 of the Constitution---Present matter was not with regard to determination of fitness of respondent for promotion but it was determination of eligibility relating to the terms and conditions of service---Question of eligibility of a civil servant did fall within the domain of Service Tribunal---Issue of eligibility of candidate was outside the ambit of judicial review of High Court---Petitioners had failed to meet the minimum threshold for promotion---Nothing was on record that recommendations of Provincial Selection Board were result of colourable exercise of authority---High Court could not substitute the opinion/findings of competent authority mere on the basis of bald assertions---High Court could review the opinion of competent authority, if its decision was based on colourable exercise of authority, arbitrary and affected civil servant had been non-suited on the basis of personal likes or superseded on the basis of undisclosed adverse material/information---Impugned decision did not suffer from any illegality or defect---Constitutional petition was dismissed in circumstances. Muhammad Zafeer Abbasi, Deputy Secretary, Ministry of Kashmir Affairs and Northern Areas and Safron, Government of Pakistan, Pak Secretariat, Islamabad v. Government of Pakistan through its Secretary, Establishment Division (Cabinet Secretariat), Cabinet Block, Constitution Avenue, Islamabad and 4 others 2003 PLC (C.S.) 503; Liaqat Ali Chughtai v. Federation of Pakistan through Secretary Railways and 6 others PLD 2013 Lah. 413; Ahmed Saeed Siddiqui and others v. Pakistan through Secretary Establishment and others 2015 PLC (C.S.) 923; Federation of Pakistan through Secretary,…

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