Law:

Section:

(a) Civil service--- ---- Appointment or promotion --- Essential elements are eligibility and fitness_ Principles. Pertaining to a case involving an appointment or promotion there are two essential elements namely, eligibility and fitness. The concept of eligibility implies a qualification to be appointed or promoted whereas that of fitness encompasses a person's competence to be chosen or selected for appointment or promotion. The tests for eligibility are objective and open to scrutiny by a judicial forum a Tribunal of exclusive jurisdiction namely, the Service Tribunal. Besides, if eligible to be promoted, it is the right of a person, in whom the eligibility resides, to be considered for such promotion. On the other hand, fitness of a person to be appointed or promoted to a particular post or grade involves a degree of subjective evaluation on the basis of objective criteria and, as a rule, an opinion so formed, is not open to judicial scrutiny. However, even in the matters involving fitness to be appointed or promoted to a particular post or grade there has to be necessary material on the basis of which an opinion, one way or the other, is to be formed. If, therefore, either all the necessary material is not put up before the authority deliberating upon the matter of appointment or promotion or obviously misleading material is put up or manifest acts of commission or omission, as regards vital data, are involved the subjective exercise may not qualify as such and may irretrievable be conditioned by objective factors, wanting in due process, Such aspects, probably, would be more akin to considerations of eligibility than of fitness and, all things being equal, be open for scrutiny before a legal forum. Where the objective factors were the working paper etc. and the recommendation of the Selection Board on such material, another had to determine the fitness and while such determination may be beyond judicial scrutiny, the necessary steps leading to the same i.e. the objective factors may not always be so. (b) Constitution of Pakistan (1973)--Art. 212(3) --- Appointment or promotion --- Leave to appeal was granted by Supreme Court to consider whether the…

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