Law: Constitution of Pakistan, 1973

Section: 199

JUDGMENT SHEET ARBAB MUHAMMAD TAHIR,J.:- Through the present writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as “the Constitution”), the petitioner, Inayat Ullah Memon, inter alia seeks the issuance of   a         writ    of        quo          warranto       against          respondents   No.1               (Rejesh Kumar), No.2 (Jamil Ahmed Bajkani) and No.3 (Nisar Ali Shah), challenging their appointments as Assistant Director (Civil)    (BPS-17) in the Capital Development Authority (hereinafter referred to as “the Authority”) made pursuant to the advertisement dated 04.10.2006, issued by the Authority.    FACTUAL BACKGROUND:- Tersely, the facts essential for the disposal of the present writ petition are that on 04.10.2006, the Authority issued an advertisement inviting applications for appointments against various posts including the posts of Assistant Director (Civil)    (BPS-17). The said advertisement also sets out a condition in terms that “the CDA has reserved the right to reduce, increase or abolish any or all the posts without assigning any reason”.  The petitioner was one of the candidates, who had applied for the post of Assistant Director (Civil) (BPS-17) against the quota reserved for Sindh (Rural) and Merit. The requisite qualification for appointment against the post of Assistant director (Civil) (BPS-17) was a Bachelor degree in the related discipline of Engineering with three years’ experience in the relevant field in Government or any Organization or Firm of repute in Public or Private Sector. It was also provided in the said advertisement that the applicant must be registered with Pakistan Engineering Council (hereinafter referred to as the “P.E.C.”). After scrutinizing process, the petitioner was apparently issued a…