Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 17-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R.17-A---Appointment on reserved quota---Scope---Petitioner assailed rejection of his father’s application filing after his retirement from service on medical grounds under R.17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, for appointment of his son as driver constable---Validity---Petitioner’s father had retired on medical invalidation without receiving any injuries---Age of a candidate for the appointment to the post of driver constable on family claim basis was to be between 21 to 30 years as prescribed by the rules---Petitioner was found to be overage for the purpose of appointment---Respondents had passed the impugned order as per their rules/policy after examining all the record---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Civil service---Change in appointment criteria---Policy matter---Scope---Change in criteria for the appointment by the department is a policy matter and courts cannot interfere into the policy matters of the Department/Government, particularly when it is in the public interest---Court cannot embark upon an inquiry as to whether a particular policy is wise and acceptable or whether a better policy can be evolved---Court can only interfere if the policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending the basic requirement of the Constitution---Government was to decide on how and in what manner the reservations should be made and such a policy decision normally would not be open to challenge subject to its passing the test of reasonableness. Dr. Akhtar Hassan Khan and others v. Federation of Pakistan and others 2012 SCMR 455 and Pakistan Medical and Dental Council, Islamabad through Authorized Representative v. Maleeha Syed and 4 others PLD 2020 Lah. 16 ref. JUDGMENT: JAWAD HASSAN, JUSTICE:---.--- The Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the ‘Constitution’) by challenging…

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