| Citation(s) |
|---|
| 2008 SLG 1692 2008 SLD 1692 2008 SCMR 773 |
Supreme Court of Pakistan
Civil Petition No.2016 of 2003 converted into appeal and appeal, decision dated: 20-10-2004.(On appeal from the judgment, dated 18-6-2003 in Writ Petition No.1034 of 2003 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS, AND HAMID ALI MIRZA, JJ
Sahibzada Anwar Hamid, Advocate Supreme Court for Petitioner. Ms. Nahida Mehboob Elahi, Deputy Attorney-General for
Respondents Nos. 1 and 2. Muhammad Akram Sheikh, Senior Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for
Respondent No
Civil Petition No.2016 of 2003 converted into appeal and appeal, decision dated: 20-10-2004.(On appeal from the judgment, dated 18-6-2003 in Writ Petition No.1034 of 2003 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi)
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS, AND HAMID ALI MIRZA, JJ
Sahibzada Anwar Hamid, Advocate Supreme Court for Petitioner. Ms. Nahida Mehboob Elahi, Deputy Attorney-General for
Respondents Nos. 1 and 2. Muhammad Akram Sheikh, Senior Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for
Respondent No
Lt. MUQUDDUS HAIDER
VS
FEDERAL PUBLIC SERVICE COMMISSION through Chairman, IslamabaD
Law:
Section:
(a) Notification---Notification or Government's Policy---Retrospectivity---Notification or Governments' policy could not take effect retrospectively---Principles. (b) Constitution of Pakistan (1973)--- ----Art. 27, proviso---Civil Service of Pakistan, vacancies in---Regional/provincial quotas, reservation of---Object stated. Reservation/quota system has been introduced to secure adequate representation in the service of qualitative inadequacy of representation for the persons belonging to socially and educationally backward class or area, so that they should have adequate representation in the lowest rung of service for which they aspire to secure adequate representation in the selection posts in the services as well, as such quota is being approved by the Government so as to give effect to the intention of the Constitution-makers in order to make adequate safeguards for the advancement of backward classes and to secure their adequate representation in the services. (c) Federal Public Service Commission Ordinance (XLV of 1977)--- ---S. 7(3)---Central Service of Pakistan, vacancies in---Selection of candidates against reserved quotas by Federal Public Service Commission---Commission recommending petitioner for appointment against such seat finding him better on merit than respondent on basis of policy decision of Government---Validity---Such appointment had not violated or infringed provisions of the Constitution---Respondent was not legally entitled to be appointed against such seat. (d) Federal Public Service Commission Ordinance (XLV of 1977)--- ----S. 7(3)-Constitution of Pakistan (1973), Arts.27 & 199---Central Service of Pakistan, vacancies in---Selection of candidates against Provincial quotas---Federal Public Service Commission not recommended petitioner for appointment against such vacancy---Constitutional petition by petitioner against such decision of Commission---Maintainability---Constitutional petition was not maintainable without exhausting statutory alternative efficacious remedy available to the petitioner. (e) Federal Public Service Commission Ordinance (XLV of 1977)--- ---S. 7(3)---Constitution of Pakistan (1973), Arts.27, 185(3) &…
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