Law:

Section:

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4(1)(b)--Civil Servants Act (LXXI of 1973), S. 9--Constitution of Pakistan, 1973, Arts. 212, 185(3) & 199--Promotion--Eligibility and fitness of civil servant--Leave to appeal--Constitutional jurisdiction of High Court--Promotion may be a question falling within the exclusive domain of the Service Tribunal constituted under the Service Tribunals Act, the question of suitability and fitness for promotion to a post was expressly excluded from the jurisdiction of the Tribunal--Held: Petitions were rightly filed before the High Court--Leave refused. [Pp. 604 & 605] A (ii) Constitution of Pakistan, 1973-- ----Art. 199--Promotion--Question of--Constitutional jurisdiction of High Court--Jurisdiction of High Court may be invoked where authority acts in violation of jurisdiction conferred on him--Question of promotion rests within the jurisdiction of competent authority, which would not be ordinarily interfered with by a Court of law but where the authority competent to award promotion or to appoint to a particular post acts in violation of law, in excess of jurisdiction, without jurisdiction or in colourable exercise of powers conferred on him, extraordinary jurisdiction of High Court in terms of Art. 199 of the Constitution can be invoked for redressing the wrong. [P. 606] E (iii) Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 9--Eligibility for promotion--Authority was not competent to dispense with prescribed academic qualification--Authority may be competent to promote a civil servant on acting charge basis by relaxing the prescribed length of service, but no such discretion vests in the authority to dispense with or relax the prescribed academic qualifications. [P. 606] B (iv) Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 9--Eligibility for promotion--Promotion is not a vested right--Right has been conferred on a civil servant to be considered for promotion, if he is eligible on account of the fact that he possesses prescribed minimum qualification but he has no vested right to be promoted. [P. 606] C (v) Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 9--Service Tribunals Act (LXX of 1973), S.…

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