Law:

Section:

(a) Rules of Business, 1973-------R.11---ESTA CODE, Chap. 1, Sr.7---Revised summery to Prime Minister---Procedure---Revised summary to Prime Minister cannot be submitted directly and the same has to be routed through Establishment Division. (b) Rules of Business, 1973--- ----R. 11---ESTACODE, Chap. 1, Sr. 7---Constitution of Pakistan, Art.199---Constitutional petition---Recruitment process---Doctrine of legitimate expectation---Applicability---Discretion, abuse of---Grievance of petitioner was that he was selected for post in question and summary was approved by Prime Minister but in revised summery to Prime Minister some other person was appointed---Validity---Petitioner had been a victim of arbitrary act which was also a good example of abuse of discretion---Once process of selection was complete in ordinary manner, the same could not be upset in an arbitrary manner---Doctrine of legitimate expectation, which in appropriate cases had become a substantive and enforceable right to provide relief against manifest injustice, when aggrieved person had no statutory right to claim any relief---As such the doctrine could act as deterrent for holders of public power from acting unreasonably or exercising their power arbitrarily and had given an inherent right to individuals to save themselves from being victims of the abuse of discretion by authorities---Withdrawal of approval of appointment of petitioner for post in question was arbitrary and unlawful and after being duly selected, recommended and approved, the petitioner had every right to be appointed for the post---High Court directed the authorities to appoint petitioner against post in question as approved by Prime Minister---High Court further directed the authorities to issue notification of appointment of petitioner without any further loss of time---Petition was allowed accordingly. Dr. Marvi Shah and 9 others v. Province of Sindh through Chief Secretary and 2 others PLC 2009 (C.S.) 182; Muhammad Asghar Waseer v. Secretary Local Government 2009 PLC (C.S.) 586 and Munir Ahmad and others v. Ministry for Home and Tribal Affairs, Government of Balochistan 2007 PLC (C.S.) 679 rel. Ch. Amjad Ali for Petitioner.…

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