Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199 & 212---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Constitutional petition---Civil service---Non-consideration of petitioner for promotion on ground of being ineligible challenged in Constitutional petition in High Court---Validity---Jurisdiction of Service Tribunal would be barred only where matter to be determined was fitness of a civil servant to hold an office---Fitness to hold an office was altogether different from eligibility to hold office---Where fitness of an officer to hold a higher post was a matter of comparative suitability in the light of quantification of performance as a result of subjective decision of competent authority based on objective principles, then same would relate only to his personal competence and performance on the job---Eligibility would relate purely to terms and conditions of service---Any right denied on basis of eligibility or otherwise could be challenged before Service Tribunal---Petitioner in Constitutional petition had asserted point of eligibility, which matter never related to fitness of an officer to hold a higher post---Only Service Tribunal had jurisdiction in such matter and not High Court---Supreme Court accepted appeal and set aside impugned . Mian Abdul Malik's case 1991 SCMR 1129 rel. Qazi Muhammad Anwar, Senior Advocate Supreme Court for Petitioners (in Civil Petitions Nos.601-P to 602-P of 2004). Hafiz Aman, Advocate Supreme Court on behalf of Advocate-General N.-W.F.P. for Petitioners/State (in Civil Petitions Nos.707-P to 709-P of 2004) and for Respondent/State (in Civil Petitions Nos.600-P to 602-P of 2004). Essa Khan, Advocate Supreme Court with M. Zahoor Qureshi, Advocate-on-Record for Respondent No.1 (in all Civil Petitions). Nemo for other Respondents. Date of hearing: 31st December, 2004. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Leave to appeal is sought by the petitioners in all these petitions against the judgment, dated 20/26-5-2004 of a learned Division Bench of Peshawar High Court whereby, on acceptance of writ petitions filed by Muhammad Zaman, respondent, a direction was issued to Director-General, Agriculture…

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