Law: Constitution of Pakistan, 1973

Section: 129,199

Civil service--- ----Appointment against the post of Managing Director of Government owned Bank---Allegation of mala fide---Non-participation of one of the members of Selection Committee in the recruitment process---Effect---Contention of petitioner was that respondent had been appointed against the post in question with mala fide of authorities---Validity---High Court while considering the process of Selection Committee could not sit as a Court of Appeal having limited scope under constitutional jurisdiction to interfere and to settle that either selection was actuated with mala fide or statutory or settled provisions had not been followed by the Committee---Selection Committee had recommended the respondent and finance department had proposed for placing the matter before the Provincial Cabinet for his appointment who had achieved highest score---Procedure adopted by the Selection Committee could not be found to be arbitrary or discriminatory or illegal---Mere letter of one of the members of Selection Committee having reservations against one of the candidates was not sufficient to give power and jurisdiction to High Court to sit as an Appellate Authority over the Selection Committee---Selection process had been placed before the Provincial Government which was scrutinized and approved---Recommendations of Selection Committee having been approved by the Provincial Government could not be set aside or vitiated on the ground of dissenting note of one of the members of Selection Committee who had otherwise awarded highest marks to the selectee than the petitioner---High Court could not play the role of Selection Committee---Recruitment process had been conducted in accordance with the criteria laid down by the Provincial Government for the appointment against post in question---Petitioner had failed to show any mala fide on the part of the authorities or any discriminatory treatment meted out to him---Petitioner was below in merit not only than the respondent but from other candidates---Proper criteria for appointment of Managing Director of the Bank was formulated and approved by the Competent Authority on the basis of which credentials and experience of the…

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