Law: Right of Access to Information Act, 2017

Section: 22(1)(g), 26, 27

Law: Constitution of Pakistan

Section: 199

Right of Access to Information Act (XXXIV of 2017) Ss. 22(1)(g), 26 & 27---Constitution of Pakistan, Art.199---Constitutional petition---Legal standing of petitioner---Contract employee---Ineligible to participate in recruitment proceedings---Respondent / contract employee assailed advertisement issued by appellant / Information Commission for recruitment of lower division clerk---Judge in Chambers of High Court allowed Constitutional petition and directed appellant / Commission to proceed in accordance with law---Validity---Respondent was a contractual employee and was 33 years old, well beyond the minimum age limit of 30 years prescribed in the advertisement---Person who was statutorily ineligible to participate in a process could not suffer any legal injury from the process---Respondent / contract employee by his own ineligibility, placed himself outside the class of individuals who could challenge the recruitment---Constitutional petition was not a bona fide exercise of rights but an attempt to obstruct a lawful process by a person lacking any qualifying right---High Court in exercise of jurisdiction under Art.199 of the Constitution could not entertain petition by a person lacking legal standing---Division Bench of High Court set aside order passed by Judge in Chambers of High Court; resultantly the petition filed by respondent / contract employee was dismissed---Division Bench of High Court directed appellant / Information Commission to complete recruitment process in accordance with ESTA Code and restored the advertisement in question---Division Bench of High Court further directed appellant / Information Commission to frame its Recruitment Rules under the relevant provision of Right of Access to Information Act, 2017---Intra Court Appeal was allowed accordingly.        Federation of Pakistan v. Waqas Mehmood Kayani (Intra Court Appeals Nos. 324/2022 and 326/2022); All Pakistan ZTBL Workers Union v. Federation of Pakistan 2021 PLC 1; Central Board of Revenue Government of Pakistan v. Asad Ahmed Khan PLD 1960 SC 81; Lt. Col. (R) Muhammad Arif Zahid v. Azad Government of the State of Jammu and Kashmir 2018 PLC (C.S.)…