Law: Civil Procedure Code (V of 1908)

Section: 2

Rules, 2017-- ----R. 2.05--Civil Procedure Code, (V of 1908), O.II R. 2--Filing of writ petition--Quashment of syllabus prescribed for post of Assistant Director Ehtesab Bureau--Dismissed--Determination of eligibility of candidates--Prerogative of relevant department--Challenge tos in garb of writ petition just Wanted to protract period of temporary appointments--High Court in impugned while attending to sole point raised by appellants in writ petition after discussing legal and factual position has very wisely observed that syllabus cannot be selected on sweet will of any person or group-of persons and it is prerogative of relevant departments could specifically raise objection on syllabus, as has been raised in instant lis, in previous writ petition; therefore, findings recorded by High Court for application of provisions of Order II, Rule 2, CPC, are comprehensive, we endorse same--In view of overall facts and circumstances of case, High Court has rightly dismissed writ petition and has not committed such illegality which may call for interference by this Court--Appeal was dismissed. JUDGMENT Raja Saeed Akram Khan, ACJ.- This appeal by leave of the Court has been directed against the judgment of the High Court passed on 17.04.2019, whereby the writ petition filed by the appellants, herein, has been dismissed. 2. The facts necessary for disposal of this appeal are that the appellants, herein, by filing a writ petition challenged the syllabus prescribed in the rules for the post of Assistant Director Ehtesab Bureau. The claim of the appellants was that the authority failed to prescribe the syllabus for the post in question according to the job description. The learned High Court after necessary proceedings dismissed the writ petition through the impugned judgment hence, this appeal by leave of the Court. 3. Barrister Hamayun Nawaz Khan, Advocate, the learned counsel for the appellants argued that the impugned judgment is based on misconception of law and the facts of the case which is liable to be vacated. He contended that the learned High Court has not attended to and resolved the real controversy involved in the matter and dismissed the writ petition on…

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