Case Details

Citation(s)
2007 SLG 1426 2007 SLD 1426 2007 SCMR 1451
Supreme Court of Pakistan
Civil Petition No.747-P of 2006, heard on 30-04-2007
JAVED IQBAL AND CH. IJAZ AHMED, JJ
M. Zahoor Qureshi, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for
Respondents

ASIM KHAN and otherss

VS

ZAHIR SHAH and others

Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 185(3)---Civil service---Appointment letters, withdrawal of---Vested right---Principles of natural justice---Applicability---Domiciled candidates-Classification----Respondents secured their appointment regarding posts in question as PTC teachers after recommendations of Departmental Selection Committee duly constituted by competent authority---Later on the appointment letters were withdrawn by the authorities on the ground that -Respondents did not have valid domicile certificates of category "A"---High Court in exercise of constitutional jurisdiction restored the appointment letters of -Respondents---Validity--­-Respondents had secured vested right, which right could not be taken or withdrawn without fulfilling the requirement of principles of natural justice---Order passed by the authority, withdrawing appointment letters being in violation of principles of natural justice, therefore, High Court was justified to accept their constitutional petition---Principles of natural justice must be read in each and every statute unless and until the same were excluded from the wording of the statute itself---Creation of classification among domiciled candidates was discriminatory---No infirmity or illegality in the judgment of High Court was found---Authorities failed to raise any question of public importance---Constitutional jurisdiction being equitable jurisdiction, Supreme Court declined to exercise its discretion in favour of authorities---Leave to appeal was refused. Army Welfare's case 1992 SCMR 1652; Fazlur Rahman's case PLD 1964 SC 410; Faridsons' case PLD 1961 SC 537; Zakir Ahmed's case PLD 1965 SC 90; Pakistan and others v. Public-at-large and others PLD 1987 SC 304; Pakistan Chrome Mine's case 1983 SCMR 1208; Ahmad Hassan's case PLD 1992 Pesh. 1; Khan Bahadur's case 1992 CLC 395; Farrah Deedar's case 1986 MLD 2429; Shushma's case 1992 CLC 895; Murree Brewery's case PLD 1972 SC 279; Messrs Pak Saudi Fertilizer Ltd.'s case 2001 SCMR 777; Hudaibia Textile Mills' case 2001 SCMR 209; Rifat Parveen's case 1981 SCMR 1002; D.P. Joshi's case AIR 1955.SC 334; Gohar Masdood's case 2001 SCMR 1128; Farah Deedar's case 1986 MLD…
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