Law: Constitution of Pakistan

Section: 199, 24A

Law: General Clauses Act (X of 1897)

Section:

 (a) Constitution of Pakistan Art. 199---Necessary parties, non-impleading of---Constitutional petition---Maintainability---Decision of Selection Committee of University /Respondent rejecting the petitioner was challenged by filing of a constitutional petition---Held: Record showed that through the same recruitment process, certain persons had been appointed against various posts, whereas for the subject post, no compatible/suitable candidate was found eligible by the Selection Board; as such, it was resolved that said post would be re-advertised and the Syndicate approved the said decision in its relevant meeting---However, the petitioner sought a declaration of the entire recruitment process/decision of the Selection Board as illegal without joining the persons appointed against various other posts as a party---No observations could be given against any person without hearing them---Thus, the present petition was not maintainable for want of misjoinder and non-joinder of necessary parties---Constitutional petition was disposed of. (b) General Clauses Act (X of 1897) S.24-A---Constitution of Pakistan, Art. 199---Decision by Selection Committee of University , passing of---Reasons, absence of---According to the minutes of the meeting of the Selection Committee, a suitable candidate for the subject post was not found---However, no specific reasons were provided by the Selection Board, whereas every decision should be based on cogent reasons and rationale in consonance with the sanction of the law/rules---Moreover, the award of marks cumulative by members of the Selection Board were also not on record---A candidate appearing in an interview cannot be selected or rejected arbitrarily without reasoning and without award of marks as per the yardstick laid down for selection---High Court remanded the case for appointment for subject post to the Selection Board of the University/Respondents, directing to assess de novo the suitability of petitioner for the post she applied for, and recommend her selection or rejection to the University Syndicate based upon cogent reasons---Constitutional petition was disposed of accordingly. (c) Constitution of Pakistan Art.…