Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 212 & 199---Terms and conditions of service---Constitutional jurisdiction of High Court under Art. 199 of the Constitution---Bar created under Art.212 of the Constitution---Applicability---Extent---Appointment against a post through direct recruitment did not involve the question of terms and conditions of service of a civil servant as the candidates seeking appointment were not civil servants qua the post as the status of civil servant was acquired only after a person was duly inducted in a post in the service in accordance with law---Writ in nature of quo warranto against a person, who was holding a post without fulfilling the necessary qualifications prescribed by law to hold such post could, therefore, be issued by the High Court and bar created by Art.212 of the Constitution, would not be attracted in circumstances. Dr. Emran Ghaffar v. Dr. Syed Javaid Hussain and others C.Ps. Nos. 187 and 214-P of 1998 fol. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S. 23---Relaxation of Rules---Provisions of S.23, N.-W.F.P. Civil Servants Act, 1973 could be invoked in respect of a civil servant only---Where, however, appointment of civil servant was made through direct recruitment, candidates seeking such appointment could not be said to bear the status of civil servant and relaxation of rule for appointment of such candidates could not be made---Such a relaxation of Rules would tantamount to amendment of the Rules as to prescribed qualifications, which could be made only through the amendment in the relevant Rules by the Competent Authority and not by the Service Commission or by any letter issued by Pakistan Medical and, Dental Council in case of a doctor---Such Rules could be amended for general application and not in relaxation to a particular individual. Dr. Emran Ghaffar v. Dr. Syed Javaid Hussain and others C.Ps. Nos. 187 and 214-P of 1998 fol. Ijaz Muhammad Khan, Additional Advocate-General, N.-W.F.P. and Haji M.A. Qayyum M2zhar, Advocate-on-Record (absent) for Petitioners. Jehanzeb Rahim, Advocate Supreme Court for Respondent No. 1. Date of hearing: 14th May, 1999. ORDER RAJA AFRASIAB…

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