Case Details

Citation(s)
2011 SLG 1718 2011 SLD 1718 2011 PLC 756
Islamabad High Court
Writ Petition No.5276 of 2010, decision dated: 4-02-2011.
MUHAMMAD ANWAR KHAN KASI, J

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SALEEM ULLAH KHAN

VS

MUHAMMAD ISMAIL QURESHI alias ISMAIL QURESHI RECTOR and 3 others SALEEM ULLAH KHAN vs MUHAMMAD ISMAIL QURESHI alias ISMAIL QURESHI RECTOR and 3 others

Law:

Section:

(a) Constitution of Pakistan------Art. 199(1)(b)(ii)---Quo warranto, writ of---Locus standi---Any person, even though not be an aggrieved person, could seek such writ. 2010 PLC (C.S.) 1023 rel. (b) Interpretation of statutes--- ---Special statutory rules would overpower general rules. (c) National School of Public Policy Ordinance (XCIX of 2002)--- ----S. 9---Constitution of Pakistan, Art.199(1)(b)(ii)---Constitutional petition---Member of Board of Governors of National School of Public Policy---Contract appointment of such Member as Rector without advertising such post---Validity---Board in its meeting chaired by Vice-Chairman and attended by five other Members had recommended such appointment---Prime Minister had approved recommendations of Board put up before him by Senior Joint Secretary Establishment---Policy Guidelines contained in Office Memorandum No.6/2/2000-R-3, dated 6-5-2000 exempted from publication contract appointments or re-employment of retired civil servants, retired Armed Forces Officers and retired Judges of superior courts---National School of Public Policy Ordinance, 2002 had not placed any bar on appointment of a Member of NSPP as a Rector---High Court declined to declare such appointment as unlawful or illegal. 2010 PLC (C.S.) 1023; PLD 2005 SC 792; 1999 PLC (C.S.) 931; PLD 2004 SC 313; 2005 SCMR 85; 2005 SCMR 1263; 2003 PLC (C.S.) 1029; 1997 PLC (C.S.) 885; 1992 SCMR 32; 2006 SCMR 978 and 2000 PLC (C.S.) 769 distinguished. Petitioner in Person. Muhammad Abid Raja, Standing Counsel. Date of hearing: 24th January, 2011. JUDGMENT MUHAMMAD ANWAR KHAN KASI, J.--- The petitioner has, sought a writ of quo warranto by challenging .the appointment of respondent No.1 as Rector National" School of Public Policy, Government of Pakistan on numerous grounds. It is firstly objected that the respondent No.1 has superannuated having attained 60 years of age on March 10, 2009 and was granted extension/re-employment/contract employment for two years. The second objection about his appointment is that, it was done without advertising the post through press. It is further objected that the respondent No.1 had been a Member of the Board of Governors of…
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