Law: Rules of Business, 1973

Section: 15

Law: Constitution of Pakistan, 1973

Section: 27

(a) Rules of Business, 1973--- ----R.15---Constitution of Pakistan, Art. 27---Recruitment policy---Eligibility criteria, determination of---Petitioners were aggrieved of Standard Operating Procedures (SOPs) for selection of candidates for United Nations Peacekeeping Missions prepared by National Police Bureau, the same were violative of guidelines given by United Nations---Validity---Mere drafting of policy did not make it ultra vires however, it was authority which accorded approval of the same that mattered---Federal Ministry of Interior under Rules of Business, 1973 did not have authority to devise any such policy and it was incumbent upon the ministry or division to have forwarded same to the office of Prime Minister for its due sanction or approval--- Even if guidelines were to be drafted by National Police Bureau, they were to be sanctioned by Ministry of Interior with approval from Prime Minister--- Courts did not interfere with policy decisions of executive however, if policy was in violation of any provision of law or Constitution then policy could be struck down--- High Court set aside SOPs made by National Police Bureau as same were illegal and without lawful authority---Constitutional petition was allowed in circumstances. Nazar Muhammad Qureshi and 12 others v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and 5 others 2012 PLC (C.S.) 90; Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 PLC (C.S.) 1223; Khawaja Ahmad Hassaan v. Government of Punjab and others 2005 SCMR 186; Pakistan through Secretary Finance, Islamabad and 5 others v. Aryan Petro Chemical Industries (Pvt.) Ltd., Peshawar and others 2003 SCMR 370; New Jubilee Insurance Company Ltd., Karachi v. National Bank of Pakistan Karachi PLD 1999 SC 1126 and Haider Abbas v. Federal Public Service Commission through Chairman 2017 SCMR 612 rel. Abdul Wahab and others v. HBL and others 2013 SCMR 1383; Abdullah Nawaz Cheema v. Federal Public Service Commission (FPSC), Islamabad and another 2019 SCMR 622; Suo Motu Case No. 01 of 2014 PLD 2014 SC 699; Lt. Muquddus Haider v. Federal Public Service Commission through Chairman, Islamabad 2008 SCMR 773;…

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