| Citation(s) |
|---|
| 2011 SLG 1721 2011 SLD 1721 2011 PLC 704 |
Supreme Court of Pakistan
Civil Petition No. 2148-L of 2009, decision dated: 8-11-2010. (On appeal from the order dated 10-9-2009 passed by the Lahore High Court, Lahore in Writ Petition No. 16680 of 2009)
JAVED IQBAL AND, JAWWAD S. KHAWAJA, JJ
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Civil Petition No. 2148-L of 2009, decision dated: 8-11-2010. (On appeal from the order dated 10-9-2009 passed by the Lahore High Court, Lahore in Writ Petition No. 16680 of 2009)
JAVED IQBAL AND, JAWWAD S. KHAWAJA, JJ
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JAHANGIR SARWAR and others
VS
LAHORE HIGH COURT and another JAHANGIR SARWAR and others vs LAHORE HIGH COURT and another
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)-------S.23---Punjab Judicial Service Rules, 1994, R.7(1)(a)---Sindh Civil Servants Act (XIV of 1973), S. 26---Sindh Judicial Service Rules, 1994, R. 8(1)(b)---Constitution of Pakistan, Arts. 25 & 185(3)---Appointment of judicial officers---Two years law practice---Pre-condition---Reasonable classification, principle of-Applicability-Petitioner assailed provisions of R. 7(1)(a) of Punjab Judicial Service Rules, 1994, whereby condition' of two years' law. practice was made mandatory for any candidate to he appointed as Judicial officer---Plea raised by petitioner was that condition imposed by Punjab Government was discriminatory as no such condition was required by Sindh Government under R. 8(1)(b) of Sindh Judicial Service Rules, 1994---Validity---Sindh Government framed Sindh Judicial Service Rules, 1994, in exercise of powers conferred upon it under S. 26 of Sindh Civil Servants Act, 1973, whereas Punjab Judicial Service Rules, 1994, were framed by Governor under S. 23 of Punjab Civil Servants Act, 1974---Rules applicable in two Provinces were enacted under two different statutes and in view of peculiar circumstances of each Province---Rules made in one Province could not be made applicable to other Province unless so adopted and petitioner failed to mention any such order in that regard---Principle of reasonable classification or differentia was not misinterpreted or misconstrued as Art. 25 of the Constitution did not prohibit reasonable classification with regard to operation of law---Provisions of Sindh Judicial Service Rules, 1994, could not be made applicable in the Province of Punjab---Supreme Court declined to interfere in the passed by High Court---Leave to appeal was refused. Pak. Petroleum Workers Union v. Ministry of Interior 1991 CLC 13; Fauji Foundation v. Shamimur Rehman NLR 1984 SCJ 403=PLD 1983 SC 457; Ziaullah Khan v. Government of Punjab PLD 1989 Lah. 554; Akram Khan v. State PLD 1976 Lah. 1224; I.A. Sharwani v. Government of Pakistan 1991 SCMR 1041; Aziz Begum v. Federation of Pakistan PLD 1990 SC 899; Balochistan Bar Association v. Government of Balochistan PLD 1991 Quetta 7; Kathi Raning v.…
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