Case Details

Citation(s)
2020 SLG 338 2020 SLD 338 2020 PLC 127
Lahore High Court
Writ Petition No. 257665 of 2018, decision Dated: 11-06-2019. Hearing Dated: 24-04-2019.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Petitioner(s) by: Iftikhar Ahmed Mian and Sheraz Zaka (connected petition).
Respondent(s) by: Muhammad Ejaz, A.A.G. along with Mian Muhammad Iqbal, Law Officer for respondent-PPSC, Javed Hussain Sial, Law Officer for respondent / Secretary, Services and

DR. SHAHBAZ MUJTABA GHAURI

VS

PUNJAB PUBLIC SERVICE COMMISSION THROUGH CHAIRMAN LAHORE AND 2 OTHERS

Law: Punjab Civil Servants Act, 1974 

Section: 23

Law: Constitution of Pakistan, 1973

Section: 4,5,18,25,25A,27,30,37,38

Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: R.20

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S.23---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 20---Constitution of Pakistan, Arts. 18 & 27---Notification No. SORIII(S&GAD)1-23/2018 dated 25-05-2018---Appointment against the post of Associate Professor (BS-19)---Reservation of quota for residents of special zone---Candidate qualified for interview but he was not recommended against one post of open merit due to quota for residents of special zone---Contention of petitioner was that bifurcation of quota was against Fundamental Rights of the Candidates---Validity---Bifurcation of posts advertised by the Public Service Commission was itself against the notification in question wherein authorities had offered one post on open merit and one post for women quota being 15% of total posts and with 20% quota for special zone having one post---Section 23 of Punjab Civil Servants Act, 1974 did not confer rule making power to the Governor for fixation of quota---Impugned notification was in derogation to the command of R. 20 of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Impugned notification as well as advertisement were not at the same pedestal as their parent statute and rules---Rule making body could not frame rule in conflict with the substantive provisions of law or statute under which rules were framed---Courts was not to give effect to the rules unless satisfied that all the conditions precedent to the validity of rules had been fulfilled---Every citizen to have right to enter upon any lawful profession or occupation which did include the right to compete and participate for appointment to a post in any Federal or a Provincial Government Department on the basis of open competition---State to protect, respect, safeguard, ensure and facilitate the exercise of Fundamental Rights---Court to provide remedy to citizen whose rights had been encroached by the State or its functionaries---Reservation of quota for any class of persons or area to enter even in service of Pakistan was allowed for 40 years from the date of commencement of the Constitution---Impugned notification as well as…
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