Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-------S.5---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Appointment--- In response to an advertisement made in Press by Public Service Commission for the post of Assistant Information Officer, petitioner who was fully qualified for the said post applied for the same--- Petitioner who, after qualifying test, was placed on top of merit list was selected, but despite recommendation of Public Service Commission, petitioner was refused to be appointed on the ground that according to circular issued by Government all existing posts stood abolished and that there was complete ban on filling up fresh posts--­Petitioner having qualified competitive examination and secured first position, a valuable right had accrued to him of which he could not be deprived by Government for no just cause---If right had vested in due course of time to any citizen, he could not be deprived of same later on---Authority in case had no legal justification to deny petitioner' the relief claimed by him---Personal right of petitioner having been involved, he had the locus standi---High Court in exercise of its Constitutional jurisdiction directed the Authorities to implement recommendation of Public Service Commission with regard to appointment of petitioner on the recommended post. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction of High Court---Scope- -Writ could not be issued in vacuum---Such was a discretionary relief to be given by Courts based on grounds which were serious, solid, cogent, specific and reasonable---Person approaching Court must have a bona fide claim and direct personal interest in the act which. he challenged before his prayer for judicial review was entertained---Discretionary relief under Constitutional jurisdiction, could only be claimed by a person having a bona fide claim and coming to the Court with clean hands for enforcement of a legal right in a lawful manner---Writ jurisdiction conferred upon High Court .by the Constitution was discretionary in nature, but the right to apply for writ, certainly was not a privilege, on the contrary, it was…

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