Law: General Clauses Act, 1897

Section: 21

General Clauses Act (X of 1897)--- ----S.21---Civil service---Locus poenitentiae, principle of---Applicability---Vested right---Scope---Petitioners were aggrieved of cancelling advertisements for appointments on posts concerned---Validity---Authority issuing an order, notification, rule or bylaws was vested with the powers to recall the same before any validly acquired right was accrued---No decisive steps were taken in pursuance to the advertisements and no vested right was created or accrued to petitioners by either rescinding and recalling the earlier advertisements, or by issuing a fresh advertisement for posts so advertised earlier---High Court declined to interfere in the matter as pursuant to the advertisements in question no steps were taken to create any right in favour of petitioners---Constitutional petition was dismissed, in circumstances. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 and Director-General, Ordnance Services, General Headquarters, Rawalpindi v. Muhammad Abdul Latif, 2003 PLC (C.S) 262 rel. ORDER FAZAL SUBHAN, J.---Through this writ petition, the petitioners by invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, have prayed for the following relief:-- It is therefore, most humbly prayed that on the acceptance of this writ petition, this august Court may graciously be pleased to issue an appropriate writ thereby: I Declaring the acts of the Respondents by cancelling Advertisement No.2- 9/2018 and 2-10 of 2019 through 30th meeting of Syndicate of University is illegal, wrong and against the law and principle of merit. II. Directing Respondents to act in accordance with Law, and direct Respondents to convene meeting of selection board and syndicate for the post of Assistant Professors under Advertisement No.2-9/2018 and 2-10 of 2019 with immediate effect in the best interest of justice. III. Declaring the subsequent impugned advertisement No.2-5 / 2022 as illegal, wrong and based on nepotism and colorful exercise of powers. IV. Granting any other relief/remedy for which petitioner is deemed fit and…

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