Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Appointment---Petitioners having higher qualification but without requisite experience qualified written test and interview but their appointments were refused---Constitutional petition filed by the petitioners was allowed by Single Judge of High Court---Validity---Board of Directors of employer Company had power to appoint its employees and fix their terms and conditions of service without reference or recourse to the Federal Government---Post in question had been advertised to ensure transparent process for appointment of persons having particular qualification and experience in the light of advertisement---High Court would not interfere in the transparent policy decision of the executive body aimed to achieve the best result in managing its affairs---If persons having better qualification were recruited against a post which prescribed lower qualification then it would deprive a candidate having less but required qualification---Employer-Company had appointed eligible and suitable persons to run its affairs smoothly---No constitutional right of petitioners had been infringed in the present case---Single Judge of High Court had failed to appreciate assessment of suitability of particular nature of job and its scope---Courts could not prescribe eligibility and experience which were matters of policy and same should be left to the department---Employer could have not appointed overqualified persons who would not be willing and ready to perform field nature duties---Company had resorted to an objective and rational criteria mentioned in the advertisement and selected candidates having required qualification---High Court was not to take exception to such procedure and interfere in administrative decisions---Impugned order passed by the Single Judge of High Court was not sustainable which was set aside---Intra court appeal was allowed, in circumstances. Sheikh Muhammad Rashid v. Majid Nizami, Editor-In-Chief, The Nation and Nawa-E-Waqat, Lahore and another PLD 2002 SC 514 and Subedar Sardar Khan through Legal Heirs and others v. Muhammad Idrees through General Attorney and another PLD 2008 SC 591 ref. M. Nazir Ahmad v. Muhammad Aslam and…

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