Law: Constitution of Pakistan, 1973

Section: 199

PLJ 2026 Karachi 27 (DB) Constitution of Pakistan, 1973-- ----Art. 199--Writ of quo warranto--Floating posts BPS-19/20--Reclassification of post--Own pay scale--Validity of notification--Eligibility criteria--Policy decision of competent authority--Scope of quo warranto--usurpation of public office--Undisputed position is that, by virtue of Notification dated 11.04.2022, Government of Sindh had formally reclassified post of District Health Officer as a floating post capable of being held by officers of BPS-19 or BPS-20--Said notification continues to hold field--No challenge to its legality, competence, vires, or underlying rationale had been raised before us--Once post is reclassified in this manner, eligibility of an officer holding BPS-19 to be posted against same flows directly from policy decision of competent authority--Appointment of Respondent No. 3 is, therefore, traceable to a lawful source of authority--It is well-settled that a writ of quo warranto issues only where an appointment to a public office is shown to be patently illegal, void, or made in derogation of an express statutory mandate-- Jurisdiction is supervisory in nature and did not extend to examining suitability, seniority, comparative merit, or administrative preferences among eligible officers--Scope of quo warranto being limited, and appointment of Respondent No. 3 being supported by a validly notified policy and made by competent authority within its administrative domain, no case of usurpation of public office is made out--Petition dismissed.                                                                         [Pp. 29, 30] A, B, C & D PLD 2011 SC 516 ref. Petitioner in person. Order Abdul Hamid Bhurgri, J.--The petitioner has approached this Court seeking a writ of quo…