| Citation(s) |
|---|
| 2001 SLG 2031 2001 SLD 2031 2001 PLC 1236 |
Lahore High Court
Writ Petition No. 16811 of 1999, decision dated: 4-12-2000.
KHALIL-UR-REHMAN RAMDAY AND KARAMAT NAZIR BHANDIRI, JJ
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Writ Petition No. 16811 of 1999, decision dated: 4-12-2000.
KHALIL-UR-REHMAN RAMDAY AND KARAMAT NAZIR BHANDIRI, JJ
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ZAFFAR HUSSAIN
VS
PUNJAB PUBLIC SERVICE COMMISSION and others
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1974)---------S. 4---Constitution of Pakistan (1973), Art.27(1), first proviso [as amended by Constitution (Sixteenth Amendment) Act (VII of 1999)]--Appointment through quota system---Provisions of first proviso to Art. 27(1) of Constitution of Pakistan, (1973) [as amended], had provided that posts could be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan---Article 27(1), proviso was only enabling and permissive in nature and it could never be read to mean that all Governments and Authorities were under any direction by the Constitution to mandatorily reserve seats for persons belonging to different areas but only a provision had been made allowing any Government and Authority to follow quota system if it was so desired---Government or Authority was not under any compulsion to reserve seats for persons belonging to certain areas---No right was vested in any citizen to seek a direction from High Court to the Government and Authority to provide for special exclusive seats for such person belonging to different districts or areas of the Province---Discretion was left to an employer to keep or not to keep such special seats---If some one wished to follow it he could do so and if any Department did not consider it necessary or appropriate to do so, it was at liberty not to do so. (b) Constitution of Pakistan (1973)--- ---Art.199---Disqualification for grant of discretionary relief---Petitioner had appended documents with his Constitutional petition which he lad obtained otherwise than in accordance with law---Such misconduct of petitioner was sufficient to disqualify him for grant of any discretionary relief. Hafiz Tariq Naseem for Petitioner. Mushtaq Ahmed Mohal for the P.P.S.C. Muhammad Shan aul for A.-G. Date of hearing: 4th December, 2000. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.---The petitioner herein secured his appointment as an Assistant Director (Chemical) in the Directorate of Industries and Mineral Development, Punjab, in J4ly' 1990 on ad hoc basis i.e. otherwise than through the regular procedure prescribed for appointment to such posts. He is…
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