Law: Income Tax Ordinance, 1979

Section: 133

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)----Art.199---Constitutional petition---Competitive examination---Waiting list---Grievance of the petitioner was that he being one of the candidates qualified for the post of Judicial Members for Income Tax Appellate Tribunal had been declared as alternative candidate and there being a vacancy created in the department the petitioner was not so appointed--­Validity---Maintaining of waiting list by Service Commission even in case of qualifying examination, was not approved by Supreme Court in case titled Musa Wazir and 2 others v. N.-W.F.P. Public Service Commission, reported as 1993 SCMR 1124---After date of decision in Musa Wazir's case no further recommendation could be made by the Commission on the basis of the waiting list of candidates---Petitioner was asking for relief, the grant whereof stood prohibited under the s passed by Supreme Court referred above----Constitutional petition was dismissed in circumstances. Musa Wazir and 2others v. N.-W.F.P. Public Service Commission 1993 SCMR 1124 and Dr. Faizur Rehman v. N.-W.F.P. Public Service Commission 1996 SCMR 589 ref. JUDGMENT Responding to an advertisement published by respondent No. 4 at the instance of respondent No.2 to fill up two posts of Judicial Members for the Income Tax Appellate Tribunal, against the Punjab quota, the petitioner applied and according to him after the selection process he was placed at No. I and that Shehzada Kabir Ahmad (latter added as a party to this case vide order, dated 17-4-1994 passed in C.M. No.908 of 1994 as respondent No. 5), were placed at Nos. 1 and 2 in the order of merit. However, therefore, one Irshad Ahmad was assigned No.2 position and the petitioner was relegated to No.3 as an alternative candidate. The persons at Nos. 1 and 2 recommended for appointment while the petitioner at No.3 was kept on the waiting list as the alternative candidate. According to the writ petition, respondent No.2 found that respondent No.5 had adverse service record and the Establishment Division advised respondent ,No.2 to refer the matter to respondent No.4 for recommendation of the alternative candidate. However, respondent No. 2 put up a summary to 'the…

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