Law: Constitution of Pakistan, 1973

Section: 212, 199

(a)   Khyber Pakhtunkhwa Service Tribunals Act (I of 1974)---

----S. 3(2)---Constitution of Pakistan, Arts. 199 & 212---Promotion---Eligibility for promotion---Term and condition of service---Ouster of jurisdiction of the High Court---Scope---Eligibility (for promotion) purely relates to the terms and conditions of service, for example the prescribed length of service, quantification of the marks relating to performance evaluation reports (PERs), completion of training programs etc.---Only factor which is excluded from the exclusive jurisdiction and domain of the Tribunal is the decision of a designated authority/forum regarding 'fitness', while eligibility and all other matters relating to the terms and conditions of service are exclusively within the domain of the Tribunal---Exclusive jurisdiction conferred upon the Tribunal, pursuant to the clear constitutional command under Article 212 of the Constitution, ousts the jurisdiction of a High Court while exercising jurisdiction under Article 199 of the Constitution to decide, entertain or adjudicate upon any matter relating to the terms and conditions of service---Bar under Article 212 of the Constitution extends even when an order passed by the departmental authority is without jurisdiction, mala fide, coram non judice, or in breach of the fundamental rights guaranteed under the Constitution.