Law:

Section:

(a) Constitution of Pakistan (1973) Arts. 185, 199 & Part II, Ch. I Constitutional petition ¬Fundamental Rights Civil service Mere selection in written examination and interview test would not, by itself, vest the candidate with a Fundamental Right for enforcement as such in the exercise of Constitutional jurisdiction of the High Court Authorities admittedly, had not issued any offer of appointment to the candidates and their appointment was subject to clearance by the Establishment Division under the Centralised System of Recruitment till it was discontinued, which again coincided with the imposition of ban on fresh recruitments, which could not be safely ignored by the Authorities High Court, in circumstances, was not right in overlooking such aspects of the case while issuing a writ of mandamus Principles. Mere selection in written examination and interview test would not, by itself, vest candidates with a Fundamental Right for enforcement as such in the exercise of Constitutional jurisdiction of the High Court. Admittedly, the authorities had not issued any offer of appointment to the candidates and their appointment was subject to clearance by the Establishment Division under the Centralised System of Recruitment till it was discontinued which again coincided with the imposition of ban on fresh recruitments, which could not be ignored by the authorities. Thus, the High Court was not right in overlooking this aspect of the case while issuing a writ in the nature of mandamus. In the present case it is hard to accept whether the candidates had a vested legal right for enforcement under Article 199 of the Constitution on the date when they filed the writ; or that the authorities were under a legal duty to issue order of appointment without completing and observing all legal requirements and lastly whether the candidates had no other adequate and legal remedy available under the law. It is equally difficult to subscribe to the view that the authorities in the performance of their statutory duties had refused or omitted to discharge the performance of an act, which the law obliged them to do. Grant of relief in writ jurisdiction, irrespective of its kind, is…

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