| Citation(s) |
|---|
| 2022 SLG 792 2022 SLD 792 2022 SCMR 687 |
Supreme Court of Pakistan
Civil Petition No. 4740 of 2017, decision dated: 22-12-2021, hearing date: 22-12-2021 (Against the judgment dated 23.10.2017, passed by the Peshawar High Court, Peshawar in W.P. No. 524-P of 2016 with C.Ms. Nos.1023-P of 2016 and No. 425-P of 2017]
IJAZ UL AHSAN, JUSTICE, MUNIB AKHTAR, JUSTICE
RESPONDENT(S): CHAIRMAN AND MEMBERS OF SELECTION BOARD CONSTITUTED FOR SELECTION AND INTERVIEW FOR THE POST OF ADDITIONAL DISTRICT AND SESSIONS JUDGES FOR DISTRICT SUBORDINATE JUDICIARY KHYBER PAKHTUNKHWA, PESHAWAR HIGH COURT, PESHAWAR AND ANOTHERS Respo
Civil Petition No. 4740 of 2017, decision dated: 22-12-2021, hearing date: 22-12-2021 (Against the judgment dated 23.10.2017, passed by the Peshawar High Court, Peshawar in W.P. No. 524-P of 2016 with C.Ms. Nos.1023-P of 2016 and No. 425-P of 2017]
IJAZ UL AHSAN, JUSTICE, MUNIB AKHTAR, JUSTICE
RESPONDENT(S): CHAIRMAN AND MEMBERS OF SELECTION BOARD CONSTITUTED FOR SELECTION AND INTERVIEW FOR THE POST OF ADDITIONAL DISTRICT AND SESSIONS JUDGES FOR DISTRICT SUBORDINATE JUDICIARY KHYBER PAKHTUNKHWA, PESHAWAR HIGH COURT, PESHAWAR AND ANOTHERS Respo
MIAN HIKMATULLAH JAN
VS
CHAIRMAN AND MEMBERS OF SELECTION BOARD CONSTITUTED FOR SELECTION AND INTERVIEW FOR THE POST OF ADDITIONAL DISTRICT AND SESSIONS JUDGES FOR DISTRICT SUBORDINATE JUDICIARY KHYBER PAKHTUNKHWA, PESHAWAR HIGH COURT, PESHAWAR AND ANOT
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 24
Legal Practitioners and Bar Councils Act (XXXV of 1973)---S.24---Additional and District Sessions Judge, post of---Eligibility---Name of candidate struck off from the Roll of Advocates by the Provincial Bar Council---Document/letter of Provincial Bar Council, which was available on record, specifically mentioned that the petitioner’s/candidate’s name was struck off from the Roll of Advocates---Name of an advocate being struck off from the Roll of the Advocates, apparently, meant that he was no more a practicing advocate under the Legal Practitioners and Bar Councils Act, 1973, and cannot claim himself to be a practicing advocate---Advertisement for appointment to the post of Additional District and Sessions Judges specifically required the candidate to be a practicing advocate, which condition was not fulfilled by the petitioner---High Court in the impugned had correctly addressed this very aspect of the matter and found that the petitioner was not a practicing advocate when he applied for being appointed as an Additional District and Sessions Judge---Petition for leave to appeal was dismissed and leave was refused. JUDGMENT: GULZAR AHMED, CHIEF JUSTICE:---.--- The Peshawar High Court, Peshawar (the High Court) had invited applications for the post of Additional and District Sessions Judges. The petitioner applied for the said post and appeared in the written examination, which the petitioner claimed to have been qualified. The interview was scheduled and the petitioner was also called for the interview but subsequently, the petitioner was not interviewed rather his documents were sent to the Khyber Pakhtunkhwa Provincial Bar Council for verification. Pursuant thereto, it was found that the petitioner’s name has been struck off from the Roll of the Advocates vide Khyber Pakhtunkhwa Bar Council order dated 24.08.2013. The petitioner was, thus, disqualified from being appointed to the post of Additional District and Sessions Judge. The petitioner filed a writ petition in the High Court with a prayer that he may be allowed to appear in the interview and may be considered for the post of Additional District and Sessions Judge on merit. By the impugned judgment…
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