| Citation(s) |
|---|
| 2010 SLG 4001 2010 SLD 4001 = 2010 PLC(CS) 412 |
Quetta High Court
Presented By:
Presented By:
Law:
Section:
(a) Balochistan Civil Servants Act (IX of 1974)------- S. 5---Constitution of Pakistan (1973), Art.199---Constitutional petition-- Appointment of sons of employees---In response to advertisement published in newspaper for appointment of junior clerks, petitioners' sons appeared in test and interview, but did not qualify-While selecting the candidates, petitioners' sons were ignored by the authorities and others were selected---Petitioners (fathers of candidates) had claimed that as they were the employees of the department, their sons were to be given priority---Validity---Held, it was only the qualification and experience to be counted for the purposes of appointment of the sons of the petitioners; it was also requirement that they must be found suitable for knowledge, skill and fit persons to be appointed by the competent Authority---Suitability of a candidate was to be considered by the competent Authority and was not function of the courts to judge said administrative tasks---Candidates in question were rightly ignored, in circumstances. (b) Words and phrases------- `Qualified', defined and explained. (c) Words and phrases------- `Qualifications', defined and explained. Kh. Noor-ul-Ameen v. Sardar Muhammad Abdul Qayyum Khan and another 1991 MLD 2658 ref. ORDER MEHTA KAILASH NATH KOHLI, J.--- Facts of the case, in brief, are that an advertisement was published in newspaper for appointment of junior clerks and class IV staff in Board of Revenue department, Quetta; pursuant to said advertisement, petitioners' sons appeared in test and interview. It has been stated that while selecting the candidates, petitioners' sons were ignored by the official respondents, despite the fact that priority was to be given to the children of retired/serving employees of Board of Revenue. It was stated that the aforementioned appointments were made in violation of the notification dated 31st March, 1998, issued by the Services and General Administration Department, hence; present petition has been filed and following prayer has been sought:- "It is, therefore, most respectfully prayed that this honourable Court may kindly be pleased to declare theβ¦