Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-------Ss.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 shows 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 (XVIII 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 trot 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. Khalid Khan, Advocate Supreme Court and M. Zahoor Qureshi Azad, Advocate- on-Record for Appellant. Saeed Beg, Advocate Supreme Court for Respondent. Nur Ahmed Khan, Advocate-on-Record for Respondent No. 1. Tasleem Hussain, Advocate Supreme Court for Respondents Nos. 2 and 3. Respondent No. 4: Ex parte. Date of hearing: 18th June, 1998. JUDGMENT SAIDUZZAMAN SIDDIQUI, J---The above appeal with the leave…

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