Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Writ of quo warranto, issuance of--­Extent---Plea that person not qualified at the time of appointment if subsequently attained the required qualification would still be considered disqualified to hold the post---Validity---Crucial date to determine the qualification of such person to hold a post is not only the date of appointment but also the date of issuance of writ--Where pending disposal of his Constitutional petition, a person fulfils the qualification to hold such a post, writ of quo warranto is not to be issued. Dr. Muhammad Amin Durrani v. Government of West Pakistan through the Chief Secretary to the Government of West Pakistan, Lahore and another PLD 1966 SC 99 and Farzand Ali v. West Pakistan PLD 1970 SC 98 and Abrar Hassan v. Government of Pakistan and another PLD 1976 SC 315 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Appointment of respondent as a Managing Director of a statutory body---Validity---Such appointment could be made by Competent Authority in its discretion subject to the qualification through relaxation in experience and was not challengeable---Contention that suitability of person was to be judged through the selection process and not by the Competent Authority in its discretion had no force---Where respondent was considered a suitable person and was validly appointed for such a post by the Competent Authority in its discretion, such appointment was not challengeable---Appointment was neither illegal nor without jurisdiction. Dr. Muhammad Amin Durrani v. Government of West Pakistan and another PLD 1996 SC 99; Dr. Kamal Hussain and 7 others v. Muhammad Sirajul Islam and others PLD 1969 SC 42; M.U.A. Khan v. Rana M. Sultan and another PLD 1974 SC 228; The Principal, Cadet College, Kohat and another v. Muhammad Shoaib Qureshi PLD 1984 SC 170 and Farhat Ali Khan v. Muhammad Siddique, Advocate and another 1995 SCMR 1570 ref (c) Interpretation of statutes----- Resolution and rules---Rules framed under resolution, conflict of rules with resolution under which the same deemed to have been framed ---Effect--­Resolution would…

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