Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 4(3)

(a) Jurisdiction--- ----Determination---Court, duty of---Court before dilating upon merits of case, should first decide question regarding exercise of its jurisdiction and then should consider merits of the case. Shabbir Jan Sarhandi v. Province of Sindh through Chief Secretary and 3 others 2006 PLC (C.S) 955 and Aamir Khurshid Mirza v. The State 2006 CLD 568 rel. (b) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----S.4(3)---Pakistan Electronic Media Regulatory Authority (Employees Service) Regulations, 2011, Reglns. 21 22(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Non-statutory rules---Master and servant, principle of---Petitioner sought direction to respondent Authority to promote him with effect from the date when his juniors were promoted---Validity---Pakistan Electronic Media Regulatory Authority was an autonomous and independent entity and Pakistan Electronic Media Regulatory Authority (Employees Service) Regulations, 2021, were framed by Pakistan Electronic Media Regulatory Authority itself and not by Federal Government---Role of Federal Government in Pakistan Electronic Media Regulatory Authority was only to the extent of appointing its Chairman and Members---Pakistan Electronic Media Regulatory Authority (Employees Service) Regulations, 2021, were neither approved by Federal Government, nor were framed by it--- Such Regulations had no statutory force---Any rules / regulations which were not approved / framed by Federal Government could not be termed as statutory rules / regulations---Relationship between Pakistan Electronic Media Regulatory Authority and its employees was that of a master and servant---High Court declined to interfere in the matter as Pakistan Electronic Media Regulatory Authority (Employees Service) Regulations, 2021 governing employment of petitioner at Pakistan Electronic Media Regulatory Authority had no statutory backing---Petitioner could not invoke Constitutional jurisdiction of High Court under Art. 199 of the Constitution for redressal of his grievance relating to terms and conditions of his service---Constitutional petition was dismissed, in…

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