Law:

Section:

(a) Pakistan Television Corporation Employees Service Rules------- Rr.6.01, 6.02, 6.03, 6.04, 4.01 & 4.02---Constitution of Pakistan (1973), Arts, 199, 25 & 212--Constitutional- petition---Appointment--­Procedure---If a vacancy is to be filled in, irrespective of the capacity, including contract employment, from amongst the employees of the PTV, all eligible persons are entitled to be considered under R.6.02 of, the Service Rules by the Selection Board as required by R.6.03--­Pakistan Television Service Rules, do not permit the making of any appointment including a contract appointment in secrecy without providing opportunity to compete for the post to other eligible employees of the Pakistan Television---Denial of equal opportunity in the matter of public employment violates Art.25 of the Constitution and, therefore, cannot be countenanced---Petitioner, in the present case, being the only candidate for the post in-question and not praying for enforcement of Terms and conditions of his service, bar of Art.212, Constitution was not applicable to his case. Abdul Jabbar Memon and others 1996 SCMR 1349; Capt, (Retd.) Muhammad Naseem Hijazi Director Finance and Adim Gujranwala v. Province of Punjab and 2 others 2002 SCMR 1720 a Dr. Ahmad Salman Waris. Assistant Professor, Services Hospital Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382 ref. (b) Civil service----- ----Appointment---Fact that Pakistan Television was a commercial organization and therefore, free to make contract appointments in disregard of their own Rules and the rule laid down by the Supreme Court, would only project "King can do no wrong" theory which could not be accepted in a society governed by written Constitution. Faisal Zaman and Aleem Baig Chughtai for Appellant. Naveed Ashiq Alvi for Respondents Nos.2 to 5. Irfan Khalil Qureshi for Respondent No.6. Dates of hearing: 1st and 2nd June, 2004. JUDGMENT The petitioner is a contender for the post of Program, Producer in pay group No.5 in the Pakistan Television. Vide order dated 25-9-1999, respondent No.6, was appointed as Program Producer on contract for a period of two years. His appointment was however, terminated vide order…

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