Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional Petition---Civil service ---Appointments--­Petitioner secured highest marks in academic qualification but despite his higher merit he was ignored and respondents were appointed on political considerations---Respondents were allegedly given unusually high marks in interview---Applications of most of respondents. Were undated and some of applications were addressed to Chief Minister instead of Authority inviting applications---Manner in which recruitment process was carried out; had eroded sanctity of appointments---Appointments against State jobs, were not personal bounty of a person in Authority, but had to be given to those who qualify on merits---Appointments of respondents not reflecting bona fide exercise of power on the part of the Authority ' concerned, High Court set aside such appointments and directed that Authority concerned would initiate a de novo exercise for determining merit afresh and issue appointment orders accordingly. Aziz Ahmed v. Chairman, Board of Intermediate and Secondary Education, Gujranwala 1997 PLC (C.S.) 356; Munawar Khan v. Niaz Muhammad and 7 others 1993 SCM.R 1287 and C. Channbasavaih and others v. State of Mysore and others AIR 1965 SC 1293 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional Petition---Civil service ---Appointments--­Irregularities in process of appointments and abuse of lawful authority by public functionary---Petitioner despite his higher merits, was ignored and instead respondents were appointed on political considerations---Authority in process of appointment had abused its lawful authority in utter disregard of its mandate of office---Effect---Manner in which recruitment process was carried out by Authority had eroded sanctity of appointments---Public functionary which abused its lawful authority in utter disregard to its mandate of office, could not claim protection of "action taken in good faith"---Such serious" dereliction of duty would call for proper action on the part of Courts so that such instances were not repeated and those suffered Were provided some compensation---Courts while making a judicial review of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492