Law:

Section:

(a) Civil service------- Selection against advertised posts by Recruitment Committee without adopting any acceptable method to determine merits of competitive candidates---Candidate so selected had worked for about eight years in said capacity---Validity---Uprooting such selected candidate would be inevitable---High Court under its Constitutional jurisdiction under Art. 199 of the Constitution, set aside such selection with directions to the Authority to fill in vacant posts in accordance with law after inviting applications through public notice. Channabasavaih v. State of Mysore AIR 1965 SC 1293 fol. (b) Civil service--- ---- Public employment---Not bounty of the State. (c) Constitution of Pakistan (1973)----- ----Art.199---Laches---Effect---Laches alone would not be a sufficient ground to dismiss Constitutional petition, unless equity leans in favour of contesting respondent. Petitioner in person. Aamir Rehman, Addl. A.-G. with Khalid Majeed, Project Manager for Respondents Nos. 1 to 5. Respondent No. 6: Ex parte. Syed Iqbal Hussain Shah Gillani for Respondents Nos. 7 and 8. Date of hearing: 20th November, 2003. JUDGMENT Through a public notice which was published in the daily `Jang' on 28-2-1995 applications were invited for appointment to the post of Secretary Union Council. The petitioner' made an application on 2-3-1995. The Departmental Recruitment Committee, however, selected respondents 6 to 8 for the aforesaid posts. 2. The grievance in this petition is that the petitioner had better merit, the appointment of respondents 6 to 8 was made on extraneous considerations, they were overage. It is further averred that the petitioner made a number of applications including application to the Chief Minister of Punjab? on which an inquiry was directed and the then Deputy Commissioner, Narowal submitted report on 23-1-1999 to the Chief Minister Secretariat according to which the name of Muhammad Afzal Khan, respondent No. 8. appeared to have been added by tampering the list later on. It has also, been reported that in the year 1995, recruitment was made in most of the departments on political grounds against an unwritten quota allotted to…

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