Law:

Section:

Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3--Intra Court Appeal--Criteria of HGOs for Hajj--Lax conditions of eligibility--Challenge to--Duty and liability of Ministry of Religious Affairs, Zakat & Ushr--Record of respondents showed unsatisfactory insofar as selection of HGOs for Hajj was primarily subjective test is the lack of complaints received from past Users/Hajjis--Selection process and efficiency in its outcome, transparency and competition are its essential attributes as mandated by settled legal rules--Selection of HGOs for Hajj suffer from non-transparency, non-competition and illegality--Such selection was declared to be void and of no legal effect for the purposes of allocating to parties new rights and liability that are extraneous to the appointments for and obligations rendered at Hajj December, 2006--Held: HGOs through a process that is fair, transparent, based on free and open competition for appointment strictly on merit--As the authorizations given by the respondent for Hajj 2007 are provisional therefore nov vested right of nominees can arise with respect thereto, in any event such provisional nominees can conveniently complete in a selection process of HGOs for Hajj, 2007 that is fraud by respondents strictly in accordance with law--Appeal partly allowed. [P. 1208] A Judgment Umar Ata Bandial, J.--This Intra Court Appeal challenges the order dated 28.11.2006 passed by the learned single Judge in a number of connected with petitions filed by companies whose applications to become Hajj Group Organizers ("HGOs") has been turned down by the Respondent No. 1. Ministry of Religious Affairs, Zakat & Usher ("Ministry"). In some petitions, a common order dated 28.9.2006 passed by the Secretary of the Ministry on grievances of those petitioners has been challenged whilst in other petitions a prayer has been made for directions to the Ministry to register and authorize the petitioners therein as HGOs for Hajj December 2006 (1427 A.H). The consolidated order by the learned Single Judge has disposed of the petitions after scrutinizing the terms of the order by the Secretary which gives the main reason for rejecting applications by the…

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