| Citation(s) |
|---|
| 2011 SLG 1923 2011 SLD 1923 2011 SCMR 1030 |
Supreme Court of Pakistan
Civil Petition No. 26-Q of 2010, decision dated: 5-05-2010 (On appeal from the judgment dated 4-3-2010 of the High Court of Balochistan, Quetta passed in Constitutional Petition No. 803 of 2009)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GHULAM RABBANI AND KHALIL-UR-REHMAN RAMDAY, JJ
Muhammad Aslam Chishti, Senior Advocate Supreme Court and S.A.M. Qaudri, Advocate-on-Record for Petitioners. Mehmood Raza, Additional A.G. for
Respondents. Applicants in person (in CMA No. 47-Q of 2010)
Civil Petition No. 26-Q of 2010, decision dated: 5-05-2010 (On appeal from the judgment dated 4-3-2010 of the High Court of Balochistan, Quetta passed in Constitutional Petition No. 803 of 2009)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GHULAM RABBANI AND KHALIL-UR-REHMAN RAMDAY, JJ
Muhammad Aslam Chishti, Senior Advocate Supreme Court and S.A.M. Qaudri, Advocate-on-Record for Petitioners. Mehmood Raza, Additional A.G. for
Respondents. Applicants in person (in CMA No. 47-Q of 2010)
MUHAMMAD ALI SATAKZAI and others
VS
APPOINTING AUTHORITY, through Registrar Balochistan High Court and others
Law:
Section:
Balochistan Additional District and Sessions Judges and District and Sessions Judges Service Rules, 2002-------Preamble---Constitution of Pakistan, Arts. 2-A, 175, 199 & 203---Constitutional petition---Additional District and Sessions Judges, Civil Judges/Judicial Magistrates and Judicial Officers, posts of---Appointment on such posts by Chief Justice of High Court subject to regular selection of appointees by Public Service Commission---Order of High Court passed in exercise of constitutional jurisdiction restraining permanently such Commission from conducting tests/ interviews regarding any such posts in future while directing Government to make within 60 days necessary amendments in Balochistan Additional District and Sessions Judges and District and Sessions Judges Service Rules, 2002, Balochistan Civil Judges/Judicial Magistrates Service Rules, 2002 and Balochistan Qazis and Member Majlis-e-Shoora Service Rules, 2002 to enable High Court to conduct tests/interviews for recruitment of Judicial Officers through a Commission comprising of its Administrative Committee or a Committee of three or more Judges constituted by such Committee---Validity---Introduction of Public Service Commission in process of selection of such Judicial Officers was offensive of concept of independence of judiciary and separation of judiciary from executive---Petitioners ¬appointees could not claim to have any vested right entitling them to regularization of their services in violations of conditions on which their appointments had been made and subject to which conditions they had accepted their appointments---Impugned declaration and directions of High Court were not open to any exception---Supreme Court refused to grant leave to appeal. ORDER KHALIL-UR-REHMAN RAMDAY, J.---The seven petitioners before us were appointed as Additional District and Sessions Judges in the Province of Balochistan through a notification dated 7th August, 2006 in the manner and subject to the conditions apparent from the said notification as under: "On the recommendation of the Selection Committee of honourable Judges of this court and in exercise of powers conferred upon him under Rule 4 of…
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