Law: Constitution of Pakistan, 1973

Section: 25,199

Law: Contract, Act, 1872

Section: 23

Constitution of Pakistan, 1973-- ----Arts. 25 199--Advertisement for vacant posts of different categories--Applications for post of class iv--Appearance in test and interview--Non-recommendation of names of applicants for appointment by district recruitment committee--Application before C.R.C.--Directions for examine matter--Donation of land--Agreement between land owners and Government regarding filling of category of class iv employees through recommendations of land owner--Violation of constitution--Void agreements stated that at time of donating land it was mutually settled between land owners and government officer that category of Class-IV employee will be filled through recommendations of land owner--contention of petitioners has no force--Agreement was not according to law because no post can be filled on recommendation of private person--It means that on basis of referred agreement no one has a right to be appointed except on recommendation of donor of land--Such exercise if allowed amounts to violation of Article-25 of Constitution of Islamic Republic Pakistan--If alleged agreement is abided landless citizen would be deprived of expectation for appointment as Class-IV employee--Agreement of donated land in consideration of employment is tantamount to sale public office, which is completely illegal--Petition dismissed. 1997 SCMR 855 ref. Contract Act, 1872 (IX of 1872)-- ----S. 23--Object of an agreement--What consideration and objects are lawful and what not--The considerate or object of an agreement is lawful, unless it is forbidden by law; or, is of such a nature that, if permitted, it would defeat provisions of any law; or, is fraudulent; or, involves or implies injury to person or property of another; or, in each of these cases, consideration or object of an agreement is said to be unlawful--Every agreement of which object or consideration is unlawful is void. JUDGMENT Abdul Hameed Baloch, JUSTICE.- This judgment disposes of Constitutional Petition No. 537 of 2017, whereby the petitioners prayed as under: In the light to submission made above, the recommendation made by selection committee may be declared as void illegal and without jurisdiction,…

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