Law:

Section:

Keywords: Plea, Petition, Constitutional Jurisdiction, Qualifications, Constitution, Disposal, Petitioner, Direct Recruitment, Appointment, Jurisdiction, Parties, Disposed Of, Set Aside, Division, Illegal, Case Remanded, Order, Service Rules, Consideration, Exchange, Recruitment, Chairman JUDGMENT KHALIL-UR-REHMAN KHAN, J.- The facts necessary for the disposal of this petition are that a post of Unani Hakim in Grade 15 fell vacant in Municipal Corporation, Faisalabad. The respondent Corporation through the Employment Exchange invited applications to fill in the said post. There were six applicants, five of whom were already in service of the Corporation while Anwar Jillani respondent No.3 was an outsider. The candidates appeared before the Selection Board comprising the Chairman, Municipal Corporation, Chief Officer and Medical Officer, which selected respondent No.3 Anwar Jillani as the most suitable candidate for the said post and accordingly recommended for his appointment as Unani Hakim vide recommendation dated 14.3.1982. The Corporation then vide Resolution No.270 dated 2.11.1982 accepted the recommendation and approved the appointment of Anwar Jillani as a Unani Hakim. The formal appointment letter was then issued to the respondent on 6.11.1982. The petitioner, who was thus not selected by the Selection Board submitted a representation to the Commissioner, respondent No.1, but the same was rejected vide order dated 24.4.1983. This led to the Filing of the present constitution petition. 2. The main plea in support of the constitution petition as argued by the learned counsel was that the selection and the appointment of respondent No.3 is illegal being violative of Resolution No.253 dated 20.2.1982 read with clauses (c) and (d) of sub-rule (1) of Rule 8 of the West Pakistan Municipal Committees Service Rules 1969. He added that under the aforesaid resolution and rules the method of appointment prescribed is as under:- (a) Appointments to all the posts above grade I to the extent of 50 per cent were to be made on the basis of seniority-cum-fitness from amongst members of the service in the next below grade/class; (b) The remaining 50 per cent posts are to…

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