Law:

Section:

Pakistan Television Corporation Limited Employees Service Rules, 1978-------Rr.6.02 & 6.03---Constitution of Pakistan (1973), Arts. 25, 199 & 212---Constitutional petition---Appointment---Equality of citizens---If a vacancy was to be filled in, irrespective of capacity, including contract employment, from amongst employees of Pakistan Television, all eligible persons were entitled to be considered under R. 6.02 of Pakistan Television Corporation Limited Employees Service Rules, 1978 and by Selection Board as required by R.6.03 of the said Rules---Rules did not permit making of any appointment including a contract appointment in secrecy without providing opportunity to compete for the post to other eligible employees of P.T.V.--Denial of equal opportunity in the matter of public employment, would violate Art. 25 of the Constitution and could not be countenanced---Petitioner, in the present case was only a candidate .for the post of Program Producer and he was not enforcing terms and conditions of his service---Bar of Art.212 of Constitution was not applicable in the case of petitioner---Contention that since appointment had not been made on regular basis, it was not necessary, to adhere to proper procedure, was untenable---Fact that P.T.V. was a commercial organization and was free to make contract appointments in disregard to their own rules and the rule laid down by the Supreme Court, only would project "King can do no wrong" theory which could not be accepted in a society governed by written Constitution--­Appointment of respondent made in violation of rules and without adopting proper procedure, was declared as without lawful authority and post occupied by him would be deemed to be vacant and if Authorities were minded to fill said vacancy, procedure prescribed in Service Rules, would be followed. Abdul Jabbar Memon and others 1996 SCMR 1349; Capt. (Retd.) Muhammad Naseem Hijazi Director Finance and Admin Gujranwala v. Province of Punjab and 2 others 2000 SCMR 1720 = 2000 PLC (C.S.) 1310 and Dr. Ahmad Salman Waris; Assistant Professor, Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382 ref. Faisal Zaman and Aleem Baig Chughtai…

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