Case Details

Citation(s)
2010 SLG 3164 2010 SLD 3164 2010 PLC 853
Quetta High Court
Constitution Petition No. 197 of 2008, heard on 17th March 2010. Date of hearing: 17th March, 2010. Civil Appeal No. 1101 of 2006, decided on 19th February 2010. (On appeal from the judgment Dated 17-3-2005 passed by the N.-W.F.P. Service Tribunal, Pe
QAZI FAEZ ISA, C.J. AND MRS. SYEDA TAHIRA SAFDAR, JJ

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ABDUL ALI

VS

BALOCHISTAN PUBLIC SERVICE COMMISSION, through its Chairman and another

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Civil service---Appointment---Petitioner, pursuant to advertisement applied for the post of Assistant Engineer B-17 and appeared in the examination along with other candidates---Petitioner, on the basis of his success in written test, had sought declaration and direction to be given to the authorities/Commission so that recommendation be made for his appointment for the post of Assistant Engineer B-17---Petitioner, however, was completely silent-about his result to the extent of viva voce, which was also conducted by the Commission---Authorities stated that suitability of the candidate was determined on the basis of both written and viva voce test, while the petitioner could not qualify the viva voce test---Petitioner though had raised allegation of favouritism and nepotism on the part of the authorities, but it seemed to be mere assertion as no material relating to the same was. produced by the petitioner before the Court---Petitioner had not asserted that he had merits and candidate low in merit was recommended by the Commission, or zonal allocation was violated or lie had been deprived of his right---Allowing relief to the petitioner would mean that the persons thereby appointed on basis of recommendation of Commission would be placed out of service---Without giving such persons an opportunity of being heard, no order could be passed, which would affect their right---Petitioner having failed to make out any case in his favour, Constitutional petition was dismissed.    JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.---The petitioner seeking declaration to the effect:- (a) Declaring that the respondents in order to accommodate the persons of their own choice, have changed the method of test from online to written test, which is illegal act in excess of authority, as of no legal effect; (b) Declaring that the respondents in spite of the fact that the petitioner has qualified the written test, have not been recommended the petitioner for being selected as Civil Engineer (B-17); (c) Declaring that the respondents while making recommendation of thirteen candidates have adopted the…
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