Law:

Section:

(a) Balochistan Additional District and Sessions Judges Service Rules, 2002-------Rr. 4 & 5-Constitution of Pakistan, Arts.175 & 199---Constitutional petition---Appointment of Additional District and Sessions Judges---Authority to appoint---Balochistan Public Service Commission invited applications for appointment of Additional District and Sessions Judges through a letter issued by Registrar, High Court--Petitioners who were serving on ad hoc basis as Additional District and Sessions Judges had challenged the jurisdiction of Balochistan Public Service Commission---Contention of the petitioners was that Balochistan Public Service Commission had. no authority to invite applications, conduct test and interviews and to recommend for appointment of Judicial Officers---According to the petitioners, power given to the Commission under R.5 of the Balochistan Additional District and Sessions Judges Service Rules, 2002, was contrary to the provisions of Art.175 of the Constitution---Petitioners had also prayed for regularization of their ad hoc appointment---Validity---Public Service Commission, being under the control and influence of Government, appointment of Judicial Officers through the Commission would not ensure complete independence of the Judiciary from the Executive---Even otherwise, appearance before the Public Service Commission, would amount to degrading the post and status of the Judicial Officers, which should otherwise require to be protected---Such could only be done,. if they were called only to appear before the sitting Judges of the High Court, which would ensure the prestige and honour of the judicial post, as well---Under Art.175 of the Constitution, supervision and control over the Subordinate Judicial Officer's by the Balochistan Public Service Commission were contrary to provisions of the Constitution; and also in negation of settled law---Balochistan Public Service Commission had. no authority to appoint such officers---Letter sent by Registrar High Court for appointment of Additional District and Sessions Judges to Balochistan Public Service Commission was of no legal effect---Petitioners requested for regularization of their ad hoc…

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