| Citation(s) |
|---|
| 1998 SLG 798 1998 SLD 798 1998 SCMR 1911 |
Supreme Court of Pakistan
Civil Appeal No.800 of 1994, decision dated: 18-06-1998. (On appeal from the judgment of Peshawar High Court dated 15-5-1994 passed in W.P. No. 914 of 1994)
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
Khalid Khan, Advocate Supreme Court and M. Zahoor Qureshi Azad, Advocate-on-Record (absent) for Appellant. Saeed Beg, Advocate Supreme Court for
Respondent. Nur Ahmed Khan, Advocate-on-Record (absent) for
Respondent No. 1. Tasleem Hussain, Advocate Suprem
Civil Appeal No.800 of 1994, decision dated: 18-06-1998. (On appeal from the judgment of Peshawar High Court dated 15-5-1994 passed in W.P. No. 914 of 1994)
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
Khalid Khan, Advocate Supreme Court and M. Zahoor Qureshi Azad, Advocate-on-Record (absent) for Appellant. Saeed Beg, Advocate Supreme Court for
Respondent. Nur Ahmed Khan, Advocate-on-Record (absent) for
Respondent No. 1. Tasleem Hussain, Advocate Suprem
YOUSAF ALI
VS
SHER MALIK and 3 others
Law:
Section:
(a) North-West Frontier Province Civil Servants Act (XV111 of 1973)--S.5---Constitution of Pakistan (1973), Arts. 199,& 212---Appointment--Constitutional petition---Maintainability---Post was advertised in the Press inviting applications and interviews were to be held on dates specified in the advertisement---Appointment of the person was made on the date on which advertisement was made in the Press inviting applications from the prospective candidates---Record showed that said person was appointed on the basis of recommendations of the Minister---Such appointment being . totally illegal, having been made contrary to law, was without jurisdiction---Constitutional petition under Art. 199 of the Constitution before High Court against such appointment was maintainable and bar contained in Art. 212 of the Constitution was not attracted. Munawar Khan v. Niaz Muhammad 1993 SCMR 1287 and Abdur Rashid v. Riazuddin 1995 SCMR 999 ref: (b) North-West Frontier Province Civil Servants Act (XVI1I of 1973)--- ----Ss. 5 & 2(b)---Constitution of Pakistan (1973), Arts. 199 & 212---"Civil servant" ---Constitutional petition---Maintainability---Where a person applies for appointment to a post under the Government and is not recruited, he does not fall within the category of "civil servant" and as such bar contained in Art. 212 of the Constitution does not apply in his case---Where the respondent had applied for appointment but he did not succeed, he could not be said to be a "civil servant" for the purposes of agitating the matter with regard to illegal appointment of the appellant---Respondent's Constitutional petition against the illegal appointment of appellant, therefore, was maintainable before High Court. Ahmad Salman Waris v. Nadeem Akhtar PLD 1997 SC 382 ref. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this court is directed against the judgment of a learned Division Bench of Peshawar High Court dated 15-5-1994 whereby a writ petition filed by respondent No.1 was partly accepted and the appointment of the appellant against the post of Library Clerk, BPS.5, in Government College Lund Khawar, Mardan, was set aside with further…
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