Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(ii)

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 6-A, 7(3), 8, 9(1)

Law: Sindh Prisons & Corrections Service Act & Rules, 2019.

Section: 15(1),5(1)

Summary: Petitioner Eijaz Ali filed a constitutional petition under Article 199(1)(a)(ii) challenging the appointment of Respondent No.4 as Inspector General Prisons (BS-21) via Notification dated 05.06.2025, claiming it bypassed the Provincial Selection Board (PSB) and violated eligibility criteria under the APT Rules, 1974. The Court noted that the Sindh Prisons and Corrections Services (Amendment) Act, 2025, enlarged eligibility to BS-20/21 officers from various services and grants the Chief Minister discretion in appointments. The writ of quo warranto cannot be used to challenge lawful administrative discretion. The Court held the appointment lawful, in compliance with the Amendment Act, and dismissed the petition. Sections Used: Article 199(1)(a)(ii) – Constitution of Pakistan, 1973 Rules 6-A, 7(3), 8, 9(1) – Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 Section 15(1) – Sindh Prisons and Corrections Services Act, 2019 Section 5(1) – Sindh Prisons and Corrections Services (Amendment) Act, 2025 Two 2-word descriptions for the case: Appointment Challenge Quo Warranto       O R D E R This petition has been filed by Eijaz Ali under Article 199(1)(a)(ii) of the Constitution of the Islamic Republic of Pakistan, 1973, seeking issuance of a writ of quo warranto, challenging the appointment of Respondent No.4 as Inspector General Prisons (BS-21) (IGP) vide Notification dated 05.06.2025 and praying that he be declared ineligible to hold the said post.   Learned counsel for the petitioner contended that the impugned notification dated 05.06.2025, whereby Respondent No.4, a BS-20 officer of the Police Service of Pakistan (PSP), was appointed as Inspector General Prisons (BS-21), is illegal, arbitrary, and issued in violation of the applicable statutory framework. He argued that under Rules 6-A, 7(3), and 8 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 (APT Rules, 1974), appointments to posts in BPS-18 and above by way of promotion or transfer must be made on the recommendation of the Provincial Selection Board (PSB). According to him, no such recommendation was obtained…