2013 P L C (C.S.) 502
[Balochistan High Court]
Before Qazi Faez Isa, C.J., Abdul Qadir Mengal and Muhammad Hashim Khan Kakar, JJ
MUHAMMAD ASIF JAN and others
Versus
CHAIRMAN SELECTION through Chairman and others
Constitut ional Petitions Nos.525, 569, 570, 573, 597, 711, 713 and 800 of 2011, decided on 16th
August, 2012.
Per Qazi Faez Isa, C.J.; Abdul Qadir Mengal and Muhammad Hashim Khan Kakar JJ agreeing
[Majority view]. ---
(a) Constitution of Pakistan ---
----Arts. 18, 25, 27 & 199 ---Constitutional petition ---Civil service ---Recruitment ---
Transparency ---Discrimination ---Petitioners assailed appointments ---Plea raised by petitioners
was that appointments were made on the basis of nepotism and political influence by
disregarding merit ---Validity ---Appointments were made to posts in question by contravening
applicable rules, through non -transparent process by resorting to nepotism and by unduly,
unjustly and unfairly favouring candidates of a particular area ---Appointme nts were made by
violating fundamental rights of all other applicants as it infringed equal opportunity to compete
guaranteed to them by Arts.18 & 25 of the Constitution and they were discriminated against ---
Such appointments were illegal and unconstitutio nal and the same were of no legal effect and
created no right title, interest, benefit and or privilege in the appointees ---Chairman and members
of Departmental Selection Board did not check whether those selected by them had stipulated
skills ---Failure to prepare merit lists, preparing a 'Resultant' list and appointing persons thereon,
by not conducting tests in respect of certain posts and also by not preparing any merit list in
respect of them demonstrated that they were not fit to serve on Departmental Selection
Committee ---High Court set aside appointments made by Departmental Selection Committee and
also directed the authorities to pay cost in respect of each petition ---Balochistan Service
Tribunal, under the circumstances, did not have any jurisdictio n, therefore, appointees could not
assail their termination from service before Service Tribunal ---Constitutional petition was
allowed in circumstances.
C.Ps. Nos.23 and 57 of 2009 ref.
Per Abdul Qadir Mengal, J
(b) Constitution of Pakistan ---
----Art. 242 ---Balochistan Public Service Commission Act (II of 1989), S.3 ---Public Service
Commission ---Branches, constitution of ---Principle ---Government was not debarred to constitute
branches of Public Service Commission in Chairmanship of the Ch airman of Balochistan Public
Service Commission, who could conduct test and examinations for initial appointments and in
case of officers contesting on merits, their examinations to be held at their Divisional
Headquarters, then by Provincial Public Servic e Commission at Capital City Quetta ---High
Court, for the sake of general public interest recommended the Provincial Government to
immediately set up branches of Balochistan Public Service Commission at Divisional
Headquarters by enhancing manpower of memb ers of the Commission, who would sit at
Divisional Headquarters, conduct tests and examinations for initial appointments purely on
merits and stop bad governance, culture of corruption, nepotism, favoritism on every level and
further fully carry directions in respect of quota of backward areas and bring them at par with
developed districts of the Province, so no individual of the Province could feel deprived of
his rights.
Petitioner in person (in C.P. No.525 of 2011).
Syed Nazeer Agha for Petitioners (in C.Ps. Nos.569 and 570 of 2011).
Syed Nazeer Agha and Syed Iqbal Shah for Petitioners (in C.P. No.573 of 2011).
Khushnood Ahmed for Petitioners (in C.P. No.597 of 2011).
Syed Nazeer Agha for Petitioners (in C.Ps. Nos.711, 713 and 800 of 2011).
Syed Ayaz Zahoor, Kamran Murtaza for Respondents and A. -G. for Respondents.
Date of hearing: 11th April, 2012.
JUDGMENT
QAZI FAEZ ISA, C.J. --- Through this common judgment we are deciding eight
constitutional petitions, i.e . C.Ps. Nos.525, 569, 570, 573, 597, 711, 713 and 800 of 2011; as all
these petitions are based on similar facts, pertain to the same acts of the official respondents and
raise same questions of law. Appointments were made by the Director General, Excise a nd
Taxation, Balochistan in the Excise and Taxation Department of the Government of Balochistan
to the posts of Excise (and Taxation) Inspectors (grade/pay scale B -14), Assistants (B -14), Junior
Scale Stenographers (B -12), Assistant Computer Operators (B -12), Junior Clerks (B -7),
Constables (B -5), Drivers (B -4) and Naib Qasids (B -1) (hereinafter "the said posts'') and the
appointments made to the said posts have been assailed in these petitions.
2. Applications to the said posts were solicited through th ree advertisements published by
Director -General Excise and Taxation Balochistan. The first advertisement was published in the
Daily `Mashriq' newspaper of May 30, 2010 seeking applications for the posts of Assistant
Computer Operators, Assistants, Stenogr aphers, Junior Clerks and Drivers and required
submission of applications by June 10, 2010. The second advertisement was published in the
same newspaper on January 28, 2011 seeking applications for the posts of Excise Inspectors,
Junior Clerks, Constables and Naib Qasids and required applications to be submitted by February
10, 2011. The third advertisement was published on February 6, 2011 by way of an amendment
to the earlier advertisement and stated that applications for the posts of Assistant Excise and
Taxation Officers (B -16), Assistant Computer Operators (B -12) and Constables (B -5) were also
sought. None of the advertisements disclosed the number of posts required to be filled -in nor
whether the same were to be filled -in on the basis of the zonal quot a stipulated by the
Government or instead on provincial merit basis.
3. That vide notification dated June 14, 2010 a Departmental Selection Committee was
constituted in respect of recruitments to posts in pay scale B -15 and below, comprising of the
follo wing: ---
(1) Mr. Muhammad Qasim Baloch Director General
Excise and Taxation. Chairman
(2) Mr. Abdul Waheed Khan Secretary (E&T), Board of
Revenue. Member
(3) Mir Muhammad Anwar Baloch Director
(Headquarters) Excise and Taxation. Member
(4) Mr. Ghul am Sarwar Assistant Secretary (E&T),
Board of Revenue. Member/Secretary
4. The appointments to the said posts were made pursuant to the following: ---
(1) Order Nos. 4348, 4355, 4363, 4371, 4379, 4387, 4395, 4402, 4409, 4416, 4432, 4424,
4440, 4448, 4 456, 4464, 4471, 4487, 4495, 4511, 4519, 4527, 4535 and 4543 / Estt:/S.G. all
dated July 22, 2011 in respect of 24 Inspectors (B -14);
(2) Order No.5034 /Estt:/S.G. dated July 25, 2011 in respect of 1 Inspector (B -14);
(3) Order No.5653 /Estt:/S.G. date d July 30, 2011 in respect of 1 Inspector (B -14);
(4) Order No.5864 /Estt:/S.G. dated August 5, 2011 in respect of 2 Inspectors (B -14);
(5) Order No.3493 /Estt:/S.G. dated June 24, 2011 in respect of 40 Inspectors (B -14);
(6) Order No.3500 /Estt:/S.G . dated June 24, 2011 in respect of 4 Assistants (B -14);
(7) Order No.3512 /Estt:/S.G. dated June 24, 2011 in respect of 8 Assistant Computer
Operators (B -12);
(8) Order No.3506 /Estt:/S.G. dated June 24, 2011 in respect of 13 Junior Scale
Stenographer s (B-12);
(9) Order No.3517 /Estt:/S.G. dated June 24, 2011 in respect of 37 Junior Clerks (B -7);
(10) Order No.3523/Estt:/S.G. dated June 24. 2011 in respect of 109 Constables (B -5);
(11) Order No.3529/Estt:/S.G. dated June 24, 2011 in respect of 3 Drivers (B -4); and
(12) Order No.3535/Estt:/S.G. dated June 24, 2011 in respect of 28 Naib Qasids (B -1).
It may be mentioned that the aforesaid information was initially not provided by the Department
in its comments but provided subsequently after iss uance of a specific direction by the court.
That though the post was advertised it appears that no one was appointed to the post of Assistant
Excise and Taxation Officer (B -16). The documents that were filed disclose that the following
appointments were ma de:---
Post Number appointed
Excise Inspectors (B -14) …. …. …. …. 68
Assistants (B -14) …. …. …. …. …. …. 4
Junior Scale Stenographers (B -12) …. …. 8
Assistant Computer Operators (B -12) …. …. 13
Junior Clerks (B -7) …. …. …. …. …. …. …. 37
Constables (B -5) … …. …. …. …. …. …. …. 109
Drivers (B -4) …. …. …. …. …. …. …. …. …. 28
Naib Qasids (B -1) …. …. …. …. …. …. …. 3
Total posts: 270
5. The appointments to the said posts have been assailed by the petitioners on the following
grounds :---
(a) The said posts were filled -in on the basis of nepotism and political influence and by
disregarding merit;
(b) Most of the appointees were appointed on the behest of Mr. Muhammad Amin Umrani,
the Minister for Excise and Taxation;
(c) Some of the appointees did not have the stipulated educational qualifications;
(d) The Departmental Selection Committee did not check whether those selected by them
had the stipulated skills, for example knowing short hand at 60 words a minute and typing at the
speed of 30 words a minute in respect of Junior Scale Stenographers and having a typing speed
of 30 words a minute in respect of Junior Clerks;
(e) Many appointees did not have the required skills;
(f) Merit lists were neither prepared nor subsequently displayed after the conduct of the tests
and or interviews of the applicants;
(g) The merit lists were prepared and produced only because of the order of this court and
then too only in respect of some of the posts;
(h) The merit lists that were produ ced were prepared after the appointments were made and
are fictitious;
(i) A 'Resultant' list was prepared and persons on such list were also appointed, despite the
fact that there is no legal provision for the same;
(j) Residents of Sindh Province wer e also appointed, despite the fact that all the posts were
required to be filled -in by locals or domicile holders of Balochistan Province;
(k) Members of the Departmental Selection Committee prepared the test papers, checked
papers and interviewed candid ates despite the fact that some of their relatives had applied for
such posts, and who were subsequently appointed;
(l) The members of the Departmental Selection Committee whose relatives had applied did
not disclose this fact to the Government of Baloch istan;
(m) The advertisements dated January 28 and February 6, 2011 did not state whether
the zonal quota, women's quota, minorities quota and disabled persons' quota was to be
observed or not;
(n) The stipulated zonal quota, wo men's quota, minorities quota and disabled persons' quota
was not observed;
(o) The number of available posts that were required to be filled -in were not disclosed;
(p) Most of the appointees were the relations, friends, and or tribesmen of Mr. Muhamma d
Amin Umrani, the Minister for Excise and Taxation; and
(q) Most of the appointees belong to the area/constituency (Nasirabad District and Division)
of Mr. Muhammad Amin Umrani, the Minister for Excise and Taxation.
6. On July 25, 2011 we had directed the Director -General and Director, Excise and Taxation
Department to produce the merit lists on the next date of hearing, but on the next date of hearing
the same were not produced. Accordingly, on August 3, 2011 the following order was passed: ---
'Respondents Nos.3 and 4 are present and have brought with them documents which they
state are merit lists though the same are entitled 'Selected Candidate for the Post of Excise and
Taxation Inspector (B -14)" and 'Detailed Marks of the Candidates for the Post of Assistant (B -
14) respectively'. The documents produced cannot be categorized as the Merit List(s). List(s)
should be filed which disclose the numbers obtained by all the candidates. Learned counsel for
respondents Nos.1, 3 and 4 seeks time to file comm ents/counter -affidavit.
Surprisingly respondents Nos.1, 3 and 4 have engaged private counsel and as the said two
respondents who admittedly were members of the departmental selection committee have
appointed respectively their brother and son it would b e appropriate if the notice of this petition
be sent to the Chief Secretary, Government of Balochistan who may file his separate
comments/counter affidavit to ensure that the interest of the Government of Balochistan is
protected."
Vide order dated March 7, 2012 we noted that, "In view of the fact that the Department's position
was not clearly stated, we gave an opportunity to the representative of the Department. Mr.
Muhammad Anwar, Director, who was present to record his statement regarding the matters
involved in these petitions." During his examination the Director stated that he did not know the
total number of persons who were appointed. It was also revealed that a 'Resultant' list was
prepared, and when we inquired from the Director what the term re sultant meant, he stated that it
meant that, "those posts that would be subsequently sanctioned by the Finance Department." In
other words persons were selected to posts that did not even exist, and these 27 persons (on the
'Resultant' list) were subsequen tly appointed. Some of the questions and answers make a
distressing read: ---
Q.No.11. Can you produce the document in respect of the twenty seven persons (on the
'Resultant' list] that show marks awarded to them on the date they appeared for interview?
Ans. There is no such document with the Department.
Q.No.12. Was the Government of Balochistan Recruitment Policy, 1991 followed in respect of
the appointment under dispute regarding zonal quota?
Ans. The Zonal Quota Policy was not followed, as summar y was received by the Chief Minister,
in which the 1991 Policy was relaxed.
Q.No.13. Why was it relaxed?
Ans. In our Department right from the beginning all appointments have been made on merit
and not on the basis of Zonal Quota.
Q.No.15. Was Raziq Kurd, one of the Inspector appointed, any relation of the Chairman of the
Department Selection Committee?
Ans. Mr. Raziq Kurd son of Haji Khan Muhammad, who was selected as Inspector, was the
brother of Director -General, who was the Chairman.
Q.No.16. Whether any other Member was related to any of the other appointees?
Ans. I am not aware whether any relations of other Members of the Departmental Selection
Committee were appointed. In the list of forty candidates Basham, who was in the list of
'Resultant' candidates, is my son. I may add that he was however appointed as an Assistant and
not as an Inspector, and I did not participate in the interview of my son in respect of his
appointment as Assistant.
Q.No.25. How Many Junior Clerks were appointed?
Ans. I don't know.
Q.No.26. Was any merit list prepared showing the respective marks obtained by them
[Junior Clerks] in the test and interview?
Ans. No such document was prepared for the Junior Clerks. There was no test and only i nterview
was conducted by the Departmental Selection Committee and marks were given.
Q.No.29. Was any test conducted in respect of Constables?
Ans. No, only interview was conducted.
7. That the Excise and Taxation Department and its representative ha d stated that the zonal
quota had been relaxed by the Government, however, the Secretary, S&GAD Government of
Balochistan contradicted this. Therefore, in the interest of justice (vide order dated April 11,
2012) we gave an opportunity to the Director Gene ral, Excise and Taxation Department to
clarify the position and also to attend to the discrepancies in the different replies submitted by
him. His answers demonstrated a cavalier attitude in running an important department of the
Government and the high -handed manner in which appointments therein were made: ---
Q.No.1. Do you agree with the Statement filed by the Secretary S&GAD today?
Ans. I agree with the statement submitted by the Secretary S&GAD, however, I want to
state that a Note dated Jun e 4, 2011 was written by Mr. Muhammad Amin Umrani, Minister for
Excise and Taxation to the Chief Minister seeking relaxation of the quota policy and the same
was approved by the Chief Minister.
Q.No.2. Was the Note submitted through the Secretary of your Department, Secretary S&GAD
and or Chief Secretary. Government of Balochistan or directly by Minister Excise and Taxation
to the Chief Minister?
Ans. It was directly submitted by the Minister.
Q.No.3. Was this in accordance with the Government of Balo chistan Rules of Business, 1976?
Ans. It was not in accordance with the said Rules, but was in relaxation of the said Rules.
Q.No.4. Were you aware at the time the vacant posts were advertised and when they were filled
that such Note had been sent by t he Minister for Excise and Taxation Department?
Ans. Yes.
Q.No.5. In the advertisement placed by the department was the same disclosed?
Ans. No, it was not disclosed.
Q.No.8. Were any of the Members [of the Departmental Selection Committee] relativ es
appointed?
Ans. Yes, my brother namely Razzia Kurd was appointed as Inspector.
Q.No.9. Was a relative of any other Member of the Selection Committee also appointed?
Ans. Yes, the brother of Anwar Baloch Director Excise and Taxation, who was the me mber of
Selection Committee was also appointed as Assistant.
Q.No.10. If your and Mr. Anwar Baloch's brothers had submitted applications for consideration
of appointment, did you or Mr. Anwar Baloch write to the Government of Balochistan disclosing
that two of the applicants were related to the Members of the Selection Committee?
Ans. No, we did not do so.
Q.No.11. Can you explain why a very large number of persons, who were appointed, belong to
Naseerabad Division?
Ans. It is the practice of the Mi nisters, because they are elected and they put forward the people
of their areas.
Q.No.12. Which area does your Minister hail from?
Ans. Mr. Muhammad Amin Umrani, my Minister, hails from Naseerabad Division.
Q.No..19. What is meant by the term 'Resul tant' that finds mention in some of the documents
filed by you?
Ans. By 'Resultant' it is meant that those persons who were kept for consideration alter the
sanction posts had been filled.
Q.No.20. Were any of the 'Resultant' people also appointed?
Ans. Yes, some of them were appointed.
Q.No.21. Are you saying that persons were appointed subsequently despite the fact that at the
relevant time such number of posts were not available?
Ans. Yes.
8. Learned counsel for the petitioners stated that th e appointments were made on the basis
of favoritism, nepotism, influence, corruption and or illegally and without observing the
applicable rules and requisite formalities. Reliance was also placed upon a divisional bench
judgment dated July 1, 2010, passed by this Court in C.Ps.Nos.(S) 23 and 57 of 2009. On the
other hand the learned counsel for the respondents and Mr. Amanullah Kanrani, the learned
Advocate -General, stated that the appointments were properly made, however, the discrepancies
and points rais ed by the learned counsel for the petitioners (reproduced above in paragraph 5)
were not satisfactorily explained.
9. Since the Excise and Taxation Departments and its officers had engaged private counsel,
without permission of the Government, we issued notice to the Chief Secretary, Government of
Balochistan so that the interest of the Government was safeguarded. The Chief Secretary filed
his comments stating that the allegations levelled by the petitioners are of a serious nature and
that the Government of Balochistan is initiating a fact finding inquiry into the matter.
10. That after hearing these petitions we had reserved them for judgment when an application
was submitted through the learned Advocate -General stating that the appointments to the sai d
posts had been cancelled by the Government of Balochistan and in this regard he placed on
record Notification No. Estt:8 -E&T/BOR/1396 -1405 dated April 23, 2012, which is reproduced
hereunder: ---
"Consequent upon the findings of enquiry held into the s election/appointment process
finalized by the Directorate of Excise and Taxation, Government of Balochistan held during the
month of June, 2011, the Competent Authority has been pleased to cancel all such appointments
and the selection made by the Director ate of Excise and Taxation in all cadres from B -1 to B -15
with immediate effect on following grounds: ---
(1) Gross violation in observance of appointment and recruitment rules during the
recruitment process.
(2) Violation of maintenance of zonal quota .
(3) Violation of quota meant for women, minorities and disabled"
11. That the representatives of the Excise and Taxation Department stated that the applicable
zonal quota had been relaxed and in this regard placed reliant upon the 'Note for the Chief
Minister' dated June 14, 2011 written by Mr. Muhammad Amin Umrani, Minister for Excise and
Taxation, which is reproduced hereunder: ---
"REQUEST FOR RELAXATION OF ZONAL QUOTA FOR RECRUlTMENT AGAINST
VARIOUS POSTS IN EXCISE AND TAXATION DEPARTMENT BALOCH ISTAN
Posts of various categories are lying vacant in Excise and Taxation Department
Balochistan and required to be filled. The details are as under: ---
(1) Excise and Taxation Inspectors (B -14)
(2) Office Assistants (B -14)
(3) Assistant Computer Operators (B -12)
(4) Junior Scale Stenographers (B -12)
(5) Junior Clerks (B -7)
(6) Constables (B -5)
(7) Drivers (B -4)
(8) Naib Qasid (B -1)
(2) The Excise and Taxation Department has not been devolved under the Devolution Plan.
If these posts ar e filled according to the quota policy, there is apprehension that many districts
may not get a single post. The people of those districts will raise hue and cry. To avoid such
situation Honourable Chief Minister Balochistan may kindly allow to fill these posts on open
merit, as was done in the past."
Under the legend 'Chief Minister' on the 'Note' is written -- "as proposed in para 2 for one time
only," presumably by Chief Minister. The anxiety of the Minister for Excise and Taxation in
submitting the 'N ote' was, that, if the zonal quota policy is followed, "many districts may not get
a single post," therefore, he desired that the posts should be filled "on open merit" Before we
come to the question of the legal purport of the said 'Note', let us examine to what extent the
apparent objective of giving representation to all districts of Balochistan was realized. The
Department's representatives on our direction submitted information about the division and
district to which appointees to the said posts belon ged. Out of the total of 270 persons who were
appointed 98 are from Nasirabad Division and as many as 72 of these from Nasirabad district
alone, which belies the stated object of having representation from all the districts of
Balochistan. And the fact tha t from the said area, bordering the province of Balochistan, such a
large number of persons belonged seriously undermines the stated aim of filling the posts on
open merit as we can take judicial notice of the fact that open merit is favoured by the people of
Balochistan's capital city Quetta, which has better educational facilities than other areas of the
Province. It thus emerges, that, the object of the 'Note' was not to appoint people from every
district of Balochistan but from a particular area, incide ntally the area/constituency of Mr.
Muhammad Amin Umrani, Minister for Excise and Taxation. And as regards the commendable
object of propagating open merit the same was a smokescreen to ensure that appointments could
be made as per the choice of the Minist er and Chairman and Members of the Departmental
Selection Committee.
12. We now examine whether the said 'Note' constituted a decision of the Government of
Balochistan and therefore could be relied upon by the Department. Sub -Article (2) of Article 139
of the Constitution of the Islamic Republic of Pakistan requires that rules have to be made to
specify the manner in which orders and instruments in respect of the conduct of the business of
the Provincial Government is required to be carried out. Pursuant to the said provision of the
Constitution the Government of Balochistan Rules of Business, 1976 ("the Rules") have been
made. The Rules detail the manner in which summaries are to be submitted to the Chief Minister
and by whom. In the light of the Rules th e said `Note' did not constitute a summary, was not
submitted by an authorized person and the purported noting by the Chief Minister thereon was
not an official decision of the Government of Balochistan; therefore, no reliance could be placed
on the said ' Note' and the purported decision of the Chief Minister thereon. These are matters
which the representatives of the Department, being government servants, must have known, but
they still relied on the said 'Note.' Acting as they did the Chairman and Members of the
Departmental Selection Committee not only violated the applicable rules but also degraded their
office and the prestigious government service. They appear to think that they are the servants of
the political party in power and or of ministers, rath er than acting as respectable government
servants employed to serve the people. On the other hand we note that some ministers think that
available posts are largess to be distributed at their discretion. The consequence of the dereliction
of duty by govern ment servants serving on departmental selection committees and the
encroachment by ministers into the non -political domain of the government servants results in
the erosion of good governance and the emergence of a culture of nepotism and corruption, the
price for which, both literally and figuratively, is paid by the hapless citizens and tax payers.
13. We have considered the submissions made by learned counsel and have gone through the
record of these petitions. The following is established from the rec ord:--
(1) That out of 270 persons who were appointed 98 belonged to Nasirabad Division and out
of these 72 belonged to Nasirabad District, the area and constituency of Mr. Muhammad Amin
Umrani, the Minister for Excise and Taxation;
(2) The advertiseme nts dated January 28 and February 6, 2011 did not disclose whether the
zonal quota, women's quota, minorities quota and disabled persons' quota was to be
observed or not;
(3) The advertisements did not disclose the number of vacancies requ ired to be filled -in;
(4) The Departmental Selection Committee did not check whether those selected by them
had the stipulated skills; the ability of taking short hand at 60 words a minute and typing at a
speed of 30 words a minute in respect of Junior S cale Stenographers and having a typing speed
of 30 words a minute in respect of Junior Clerks;
(5) Merit lists were not prepared;
(6) Merit lists were not displayed after the conduct of the tests and or interviews;
(7) A 'Resultant' list, for which t here is no legal provision, was prepared and persons on such
list were also appointed:
(8) The brother of the Chairman and the son of a Member of the Departmental Selection
Committee were appointed to B -14 posts;
(9) The Chairman and the Member of the Departmental Selection Committee, respectively
whose brother and son had applied, did not disclose this fact to the Government of Balochistan
nor disassociated themselves from the selection process;
(10) Tests were not conducted in respect of Junior Cle rks nor any merit list prepared in respect
of them; and
(11) Tests were not conducted in respect of Constables nor any merit list prepared in respect
of them.
It thus transpires that the appointments were made by disregarding merit, by resorting to
nepotism, on the behest of the Excise and Taxation Minister, by contravening the applicable
rules and in a non -transparent manner and therefore are not sustainable.
14. We need to clarify that the fact that the Government of Balochistan, pursuant to an
enqu iry conducted by a Grade -21 Officer, concluded that the appointments were made in gross
violation of the applicable rules and consequently cancelled the appointments, though confirming
some of our own findings, is not the reason on which our decision is ba sed.
15. In view of the similarity of the facts of these petitions with those of the case that
pertained to appointments made in the Board of Revenue Department of the Government of
Balochistan cited as precedent (C.Ps.Nos.(S)23 and 57/2009), it would be useful to reproduce the
following portions from the said judgment: ---
"15. Appointments to government posts are highly prized and sought after. The Government is
obliged to ensure complete transparency in the process of selection and appointment and
anything less is unacceptable. If qualified and competent individuals are appointed in
Government Service their performance and work would be far superior to those who have come
through the back door by having the right connections or by other nefarious means . The latter
category would also not be motivated to work like those who have earned the privilege.
Consequently the public would suffer and continue to suffer till the person illegally appointed
retires. Even thereafter the hapless tax payer would continu e to bear the burden on account of
payment of pension and other benefits. The appointments made on considerations other than
merit perpetuate bad governance and a culture of corruption, nepotism and sifarish. Betrayal of
responsibility occurs not just the day when an incompetent or less qualified person is chosen, it
continues each and every day such appointee continues to hold the position that another was
better qualified to. By making appointments contrary to merit and for extraneous considerations
the G overnment's credibility is eroded, its overall performance adversely effected and the
public made to suffer. Whenever a post is advertised those given the responsibility to
select suitable candidates exercise an important trust. They must acquit themselves
honestly, to the best of their ability and without any fear or favour. They must not
tolerate interference from any source, including from Members of Parliament or from Ministries.
And if they do, or make recommend ations on the basis of fear or favour and or breach of
applicable rules or violate prescribed criteria they would be accountable and inter alia be subject
to disciplinary action".
In the said judgment we had stated that, "to prevent against such type of malpractices and
illegalities from occurring in the future and with a view to serve as a warning to all concerned the
Government of Balochistan is directed to circulate paragraph fifteen (15) above to all Ministries,
Heads of departments and Membe rs of all Departmental Selection Committees." Unfortunately,
it appears that scant regard was paid to the said judgment and large scale illegalities and
irregularities continue to be committed in making appointments.
16. In the above judgment we had also referred to the Government of Balochistan's
Notification dated November 14, 2009 entitled 'Recruitment through Departmental Selection
Committees' that initially included representatives of the Finance and S&GAD Departments in
all Departmental Selection Co mmittees, however, such representatives were removed vide
subsequent notifications, and we had observed that "in this regard no reason was given as to why
the Departmental Selection Committee was reconstituted by removal of the representatives of
Finance a nd S&GAD Departments." We had further observed that, "As the Balochistan Public
Service Commission has been specifically established by statute for conducting tests and
examinations .for recruitment to Balochistan Civil Services, et cetera, the Government of
Balochistan may consider the making of appointments to the posts of Assistants, Stenographers
and other officials in grade 10 and above through the Balochistan Public Service Commission."
Unfortunately, the observations made by this court were disregard ed by the Government of
Balochistan to its own detriment. Large scale illegalities and irregularities continue to be
committed, as demonstrated in this case. If appointments are not made in accordance with law;
competence and merit sacrificed: favoritism, nepotism and or corruption constitute the basis for
appointments in government service; the Government looses credibility. The Government too
acknowledged that gross violations were committed in the recruitment process in this case.
Under such prevailing c ircumstances the Government ought to have withdrawn the notifications
whereby the representatives of S&GAD and Finance Departments were removed as members of
the departmental selection committees. Having departmental outsiders on a department's
selection c ommittee the violation of the applicable rules would be curtailed and may also help
reduce the pressure at times exercised by ministers on the government servants. Moreover, the
facts of these petitions further justify that appointments should be made t hrough the
Balochistan Public Service Commission, as earlier observed by us in respect of pay scale/
grade 10 and above posts.
17. We conclude that the appointments made to the said posts were made by contravening the
applicable rules, thro ugh a non -transparent process, by resorting to nepotism, and by unduly,
unjustly and unfairly favouring the candidates of a particular area. The appointments were made
by violating the fundamental rights of all other applicants as it infringed the equal op portunity to
compete guaranteed to them by the Constitution (Articles 18 and 25 of the Constitution) and as
they were discriminated against (Article 27). We therefore declare that the said appointments
were illegal and unconstitutional and the same are of no legal effect and create no right title,
interest, benefit and or privilege in the appointees.
18. The fact that the Chairman and Members of the Departmental Selection Committee did
not check whether those selected by them had the stipulated skills, fa ilure to prepare merit lists,
preparing a 'Resultant' list and appointing persons thereon, by not conducting tests in respect of
certain posts and also by not preparing any merit list in respect of them demonstrates that they
were not fit to serve on the D epartmental Selection Committee. In view of their demonstrative
unfitness we further direct that they should not serve on any departmental selection committee in
the future. In the case of Mr. Muhammad Qasim Baloch, Director General and Chairman of the
Departmental Selection Committee and Mr. Muhammad Anwar, Secretary and Member of the
Departmental Selection Committee lies the additional charge that they respectively appointed
their brother and son to B -14 posts, and without disclosing that their brother/so n had applied for
the same to the competent authority and without disassociating themselves from the selection
and appointment process.
In view of the conduct of the Chairman and Members of the Departmental Selection
Committee the Government of Balochis tan is directed to initiate disciplinary action against them
in accordance with law.
19. Office to send copies of this judgment to the Chief Secretary, Secretary S&GAD,
Secretary Finance of the Government of Balochistan and Private Secretary t o the Chief
Minister. The Government of Balochistan, through the Chief Secretary, is directed to circulate
paragraphs 12, 15, 17 and 18 of this judgment to all Ministries, Heads of Departments and
members of Departmental Selection Committees.
20. The petitions are allowed in the aforesaid terms with costs in sum of Rs.5,000 in respect
of each petition to be paid by the Government of Balochistan.
(Sd.)
Qazi Faez Isa,
Chief Justice.
ABDUL QADIR MENGAL, J. --- I have had the honour to go through the judgment,
authored by Hon'ble Chief Justice, Balochitan High Court, passed in respect of the Constitutional
Petitions Nos.525, 569, 570, 573, 597, 711, 713 and 800 of 2011, whereby, he has been pleased
to allow the same. However, in my view, th ese matters in view of Board of Revenue Balochistan
Excise and Taxation Department Notification No.8 -Esst/E&T/BOR/1396 -1405 dated 23rd
April, 2012 have achieved its purposes and have become infructuous, as such, for the
sake of facility the said Notification is reproduced herein below: ---
"NOTIFICATION
No.8 -Esst:/E&T/BOR/1396/1405. --- Consequent upon the findings of enquiry held into
the selection/appointment process finalized by the Directorate of Excise and Taxation,
Governm ent of Balochistan held during the month of June, 2011, the Competent Authority has
been pleased to cancel all such appointments and the selection made by the Directorate of Excise
and Taxation in all cadres from B -1 to B -1:5 with immediate effect on follo wing grounds: ---
(1) Gross violation in observance of appointment and recruitment rules during the
recruitment process.
(2) Violation of maintenance of zonal quota.
(3) Violation of quota meant for women, minorities and disabled.
Xx sd xx
Ahmed R aza Khan
MBR -H/Secretary,
Excise and Taxation Department"
2. Fact as reveal from the record of the case, the Director General Excise and Taxation
Department, Government of Balochistan vide advertisement dated May 30, 2010 required
applications by June 10, 2010 for appointment on certain posts of pay scales Excise Inspector
(grade/pay scale B -14), Assistant (B -14), Junior Scale Stenographer (B -12), Assistant
Computer Operators (B -12), Junior Clerk (B -7), Constables (B -5), Drivers (B -4), Naib Qasid (B-
1.).
The said appointments actually were to be filled on the basis of the zonal quota,
stipulated by the Government, but same were made on merits through relaxation of zonal quota
by the Chief Minister. In result the following appointments were made :---
Post Number appointed
Excise Inspectors (B -14) …. …. …. …. …. 68
Assistants (B -14) …. …. …. …. …. ….…. 4
Junior Scale Stenographers (B -12) …. …. …. 8
Assistant Computer Operators (B -12) …. …. 13
Junior Clerks (B -7) …. …. …. …. …. …. …. 37
Constables (B -5) …. …. …. …. …. …. …. …. 109
Drivers (B -4) …. …. …. …. …. …. …. …. …. 28
Naib Qasids (B -1) …. …. …. …. …. …. …. …. 3
Total posts: 270
3. The petitioners through present Constitutional Petitions Nos.525, 569, 570, 573, 59 7,
711, 713 & 800 of 2011 challenged its legality and as well raise number of objection regarding
irregularities and improprieties which indicating nepotism, favoritism and corruption. However
on cognizance of the matters, same were heard on different occa sions and finally same were
reserved for judgments, when the government of Balochistan's issued Notification No.8 -
Esst:/E&T/ BOR/1396/1405, whereby cancelled all the appointments which are mentioned
hereinabove.
4. However before dismissing the matters, I think it necessary to pass certain
observations/directions related to the appointments in services of The Government of
Balochistan. Undoubtedly, the province of Balochistan is backward province and it almost
spread upon 2/3 territorial area of Pakistan. The Quetta is the provincial capital city of
Balochistan where the Balochistan Public Service Commission is functioning, whereas most of
the areas, districts and sub -divisions of the province located more than 900 Km away from the
capital city Quetta or t he Balochistan Public Service Commission. It is unthinkable for a poor
candidate to travel days and days by bus, and come to Quetta, stay in a hotel and bear
the expenses of examination, test and interviews for the posts like Grade -9, 10, 11 or 15.
There are many cases where legible and competent candidates could not afford to come at Quetta
and sit in tests and interviews of Balochistan Public Service Commission.
5. Again, it is a common observation about the Balochistan Public Serv ice Commission
which failed to cope -up its responsibilities on time due to its present position. The best example
of the same can be quoted from case of "Masoom Khan Kakar v. The Secretary Colleges Higher
Technical Education Government of Balochistan and D irectors Colleges Higher Technical
Education Government of Balochistan", where admittedly, half of the colleges of province due to
none -availability of Lecturers and Professors lost their academic year 2011 -12. The facts in that
matter were that on Septemb er 26, 2011 following summery was moved by Government of
Balochistan Colleges H&T Education Department to fill the posts on contract basis till any
regular appointment is made by the Balochistan Public Service Commission. The summery reads
as follows: ---
"SUMMERY FOR CHIEF MINISTER BALOCHISTAN
Subject: - Approval of Policy for the Appointment of Honorary Lecturers against Vacant
Positions in Government Colleges.
Presently about 580 positions in teaching cadres (including 360 Lecturers Posts) are
vacan t in the 101 boys and girls colleges in the province (Annexure -A).
(2) It has been observed that the recruitment of Lecturers through BPSC, takes about eight to
nine months to complete. The academic session in colleges has begun in summer zone but due to
shortage of Lecturers we are facing huge hardships in providing quality education. Furthermore
academic session was started in newly established Inter Colleges Pasni, Basima, Mashkey,
Winder, Wadh, Kingri Mousa Khail, Khudabadan, but we could hardly made arrangements to
post only two lecturers along with one Assistant Professor due to shortage of Lecturers. Similarly
the Department also intends to start classes in the approved Inter Colleges Hoshab and Kanak,
but again the availability of teaching staff is a hindrance in the new initiatives. In Girls Degree
College Khuzdar against a sanctioned strength of 23 Posts only two Lecturers are posted. Same
situation exist in about all the colleges especially in the southern zone of the province. The
vacant positio ns of teaching staff depict the worsening condition of academic activities in the
Government Colleges (Annexure -B). Therefore the prevailing situation warrants immediate
Action to address the issue.
(3) Furthermore, the PSC conducts the tests/interviews at Quetta. A number of candidates
especially the female belongings to far flung district/areas are reluctant to appear for such
tests/interviews by the BPSC due to financial and cultural constraints.
(4) Keeping in view the above concerns, it is suggeste d that to cope with the challenges of
shortage of teaching staff in the colleges a new strategy and approach is needed. It is worth to
mention here that in Punjab the Government also hires the services of qualified persons to fill the
gap in colleges in th at province other than regular system of selection through Public Service
Commission. Therefore, it is much needed to cope with the increasing of shortage of teaching
staff a new policy be adopted in our colleges and institutions. The Department after thro ugh
deliberation has come up with a solution to hire the services of unemployed youth and qualify for
the post of lecturer may on pure contract basis to cope with this challenge. Detailed Draft Policy
is attached. (Annexure -C)
XX sd XX
(Akbar Hussain D urrani)
Secretary"
The above summery was approved on January 30, 2012 and in result publication was
made through daily `Jang' on February 21, 2012 for recruitment of college Lecturers and
Assistant Professors. However same was challenged in Constitutio nal Petition No.137 of 2012
by Masoom Khan Kakar, Advocate as mentioned hereinbefore. This Court granted stay in the
matter on 7 -3-2012, whereafter it is stated that all the posts diverted to Balochistan Public
Service Commission. However, it is deplorable that academic year 2011 -12 is going to be ended,
but so far process of appointments by the Balochistan Public Service Commission is not
completed by this way the students of Southern Zone have lost their valuable year.
6. The Provincial Government despi te of awareness of all the above facts has closed his
eyes and never bothers to attend such like situations on time.
An other aspect of this institution (Balochistan Public Service Commission) also made its
object redundant and unworkable, if any one ta ke a newspaper, he shall find unstopped
allegations against this institution about its corruption, nepotism and favoritism. There was a
proverb in the past about Balochsitan Public Service Commission "You become head of any
influential institution and then appoint a person of his own choice". This institution not only
requires reform and legislation, but at the same time also men power to handle the situation.
Therefore, it is necessary that branches of Balochistan Public Service Commission in supervision
of its head or Chairman to be setup in all the divisional headquarters of the province
immediately, where the tests and interviews of the scale Nos.1 to 15 to be held by the
Commission in respect of the services pertaining to the zonal quota of that sub -division, so no
one will be able to appoint a person of his own choice, whereas, all the tests and interviews in
respect of Grade -17 and 18 should be conducted at its divisional headquarter and the result of the
same should be compiled at provincial headquart er i.e. Balochistan Public Service Commission
at Quetta. In this regard it would be appropriate that the relevant laws for the guidance of the
Government should be discussed for the sake good governance and for the sake of right of the
general public, with a view that the Constitution of the Islamic Republic of Pakistan, 1973 as
well as other Acts in this connection are not hurdle, if any such step for the sake of benefit of the
people of the province is to be taken by the Government. The Article -242 of the Constitution of
Islamic Republic of Pakistan, 1973 says about the establishment and constitution of a Public
Service Commission, which reads as under: ---
"242. Public Service Commission. --- (1) [Majlis -e-Shoora (Parliament)] in relation to the affairs
of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province,
may, be law, provided for the establishment and constitution of a Public Service Commission.
[(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the
Federation shall be appointed by the President [on the advise of the Prime Minister.]
[(1B) The Chairman of the Public Service Commission constituted in relation to affairs of a
Province shall be appointed by the Govern or on advice of the Chief Minister.]
(2) A Public Service Commission shall perform such functions as may be prescribed by
law."
The Clause -1B of the Article 242 of the Islamic Republic of Pakistan, 1973 clearly shows
that a Chairman of the Public Serv ice Commission constituted in relation to affairs of Province
shall be appointed by the Governor on advice of the Chief Minister.
The Clause -2 of the Article 242 of the Islamic Republic of Pakistan, 1973 says that
Public Service Commission shall perform such functions as may be prescribed by law.
7. Thus coming on the law of Public Service Commission, it says: ---
"This Act may be called the Public Service Commission Act, 1989.
Definition. In this Act, unless there is anything repugnant in the su bject or context --
(a) "Commission" means the Balochistan Public Service Commission;
(b) "Government" means the Government of Balochistcm;
(c) "Member" means a member of the Commission and includes the Chairman thereof:
(d) "Prescribed" means presc ribed by rules; and
(e) "Service of Pakistan" means the Service of Pakistan as defined in the Constitution of
Islamic Republic of Pakistan, 1973.
Composition of Commission, etc. --- (1) There shall be a Bulochistan Public Service
Commission,
(2) The Government shall by regulations determine ---
(a) The number of members of the Commission and their conditions of service including
terms of contract of re -employment;
(b) The number of members of the staff of the Commission and their conditions of serv ice:
Provided that the salary, allowances and privileges of. a member of the Commission shall
not be varied to his disadvantage during his terms of office.
(3) The Chairman and other members of the Commission shall be appointed by the
[Governor in con sultation with the Chief Minister].
[Provided that no person below the age of 55 years shall be appointed as Chairman or a
Member of the Commission.]
(4) No proceedings or act of the Commission shall be invalid merely on the ground of
existence of any vacancy in or any defect in the constitution of the Commission.
Function of the Commission. --- The functions of the Commission shall be ---
(i) to conduct tests and examinations for recruitment for initial appointment to ---
(a) the Civil Servant of the Province of Balochistan;
(b) such posts connected with the affairs of the Province of Balochistan as may be
prescribed;
(c) such posts in or under a Corporation or other Autonomous Body or Organization set up
by Government under any law or otherwi se as may be prescribed;
(ii) to advise Government on --
(a) the matters relating to qualification for, and methods of recruitment to, the services and
posts referred to in clause (i); and
(b) any other matter which Government may refer to the Commiss ion;
(iii) to hold such departmental or language examination as may be prescribed.
Reports of Commission. --- It shall be the duty of the Commission to present to the
Government annually a report on the work done by the Commission, and the Government shall
cause a copy of the report to be laid before the Provincial Assembly of Balochistan.
Ru1e. [(1) The Government may, by notification in the official Gazette, make rules for carrying
out the purpose of this Act.
(2) The Commission may frame regulat ions far performance of functions and transaction of
business assigned to it by or under this Act]."
8. Thus perusing the constitutional provision and related law on the subject, it appears that
there is a no bar for the Government to constitute branches of the Public Service Commission in
the Chairmanship of the Chairman of the Balochistan Public Service Commission, who conduct
tests and examinations for initial appointments and in case of the officers contesting on merits,
their examinations to be held at their divisional headquarters, then compiled by the Provincial
Public Service Commission at Capital City Quetta.
9. However again perusal of these cases show that the Chief Minister in the present case has
violated the regional quota of the Province, it is not expected from Chief Minister to violate the
rights of all the walks of the public being the custodian and guardian of the general public
particularly the rights of the backward areas of the Province. The appointments show that
primarily the relev ant Minister and Director of the department badly have interfered in result of
tests and interviews: ---
Such as "That out of 270 persons who were appointed 98 belonged to Nasirabud Division
and out of these 72 belonged to Nasirabad District, which is th e area and constituency of Mr.
Muhammad Amin Umrani, the Minister for Excise and Taxation."
10. There is no reason or just cause to relax the quota of the backward areas and allocate
seats to somewhat prosperous districts of the province. The Chief Minis ter by doing so not only
has violated the provisions of the constitution, but at the same time has damaged the trust of the
public, who expecting him the best guardian and custodian of their rights. In this connection, I
deem it necessary to highlight the Articles 37 and 38 of the Constitution of the Islamic Republic
of Pakistan, 1973, which deals such issues to promote the backward classes or areas at par
with the developed districts of the Province, which reads as follows: ---
"37. Promotion of social justice and eradication of social evils. --- The State shall ---
(a) Promote, with special care, the educational and economic interests of backward classes or
areas;
(b)) Remove illiteracy and provide free and compulsory secondary education withi n minimum
possible period;
(c) ……………………………………………………………………………..
(d) Ensure inexpensive and expeditious justice;
(e) ……………………………………………………………………………..
(f) Enable the people of different areas, through education, training, agricultural and
industrial de velopment and other methods, to participate full in all forms of national activities,
including employment in the service of Pakistan.
(g) ……………………………………………………………………………..
(h) ……………………………………………………………………………..
(i) ……………………………………………………………………………..
38. Promotion of social and economic well -being of the people. --- The State shall ---
(a) secure the well -being of the people, irrespective of sex, caste, creed or race, by raising
their standard of living, by preventing the concentration of wealth and means o f production and
distribution in the hands of a few to the detriment of general interest and by ensuring equitable
adjustment of rights between employers and employees, and landlords and tenants;
(b) provide for all citizens, within the available resourc es of the country, facilities for work
and adequate livelihood with reasonable rest and leisure."
11. Here it may pointed out that I am not against the merits and Hon'ble Chief Justice
Balochistan on one occasion rightly has pointed out that appointments to Government posts are
highly prized and sought after. The Government is obliged to ensure complete transparency in
the process of selection and appointment and anything less is unacceptable. As such in the instant
natters/cases the appointments shall be made purely on merits on basis of zonal quota at its
Divisional/District Headquarters.
12. Again in view of the above, I think, it is the duty of this Court for the sake of interest of
the general public to direct the Government of Balochistan, to immed iately setup the branches of
the Balochistan Public Service Commission in Divisional Headquarters by enhancing men power
of members of the Public Service Commission, who sit at Divisional Headquarters, conduct tests
and examinations for initial appointment s purely on merits and stop the bad governance, culture
of corruption, nepotism, favoritism on every level and further fully carry the directions as
discussed hereinabove in respect of the quota of the backward areas and bring them at par with
the develope d districts of the Province, so no individual of the Province could feel deprived of
his rights.
13. With the above observations/directions, as I have stated hereinabove that as these
petitions have born fruit and achieved its purposes, therefore, have b ecome infructuous, as such,
the same are dismissed, with no order as to cost.
The office is directed to send the copies of this judgment to the Chief Secretary
Balochistan, Secretary S&GAD, Private Secretary to the Chief Minister and so as Private
Secre tary to Governor Balochistan for information and compliance.
(Sd.)
Abdul Qadir Mengal,
Judge
ORDER OF THE COURT BY MAJORITY
1. Appointments were made vide the following orders to different posts: ---
(1) Order Nos.4348, 4355, 4363 , 4371, 4379, 4387, 4395, 4402, 4409, 4416, 4432, 4424,
4440, 4448, 4456, 4464, 4471, 4487, 4495, 4511, 4519, 4527, 4535 and 4543/Estt:/S.G. all dated
July, 22, 2011 in respect of 24 Inspectors (B -14);
(2) Order No.5034/Estt:/S.G. dated July 25, 2011 in respect of 1 Inspector (B -14);
(3) Order No.5653/Estt:/S.G. dated July 30, 2011 in respect of 1 Inspector (B -14);
(4) Order No.5864/Estt:/S.G. dated August 5, 2011 in respect of 2 Inspectors (B -14);
(5) Order No.3493/Estt:/S.G. dated June 24, 2011 in respect of 40 Inspectors (B -14);
(6) Order No.3500/Estt:/S.G. dated June 24, 2011 in respect of 4 Assistants (B -14);
(7) Order No.3512/Estt:/S.G. dated June 24, 2011 in respect of 8 Assistant Computer
Operators (B -12);
(8) Order No.3506/Estt:/S.G. d ated June 24, 2011 in respect of 13 Junior Scale
Stenographers (B -12);
(9) Order No.3517/Estt:/S.G. dated June 24, 2011 in respect of 37 Junior Clerks (B -7);
(10) Order No.3523/Estt:/S.G. dated June 24, 2011 in respect of 109 Constables (B -5);
(11) Order No.3529/Estt:/S.G. dated June 24, 2011 in respect of 3 Drivers (B -4); and
(12) Order No.3535 /Estt:/S.G. dated June 24, 2011 in respect of 28 Naib Qasids (B -1).
The said appointments of the 270 persons (hereinafter referred to as "the said appoint ments")
were made by contravening the applicable rules, through a non -transparent process, on the behest
of Mr. Muhammad Amin Umrani, Excise and Taxation Minister by resorting to nepotism, and by
unduly, unjustly and unfairly favouring the candidates of a particular area. The said
appointments were made by violating the fundamental rights of all other applicants as it
infringed the equal opportunity to compete guaranteed to them by the Constitution (Articles
18 and 25 of the Constitution) and as the y were discriminated against (Article 27). We therefore
declare that the said appointments were illegal and unconstitutional and the same are of no legal
effect and create no right, title, interest, benefit and or privilege in the appointees.
(2) In view of the conduct of the Chairman and Members of the Departmental Selection
Committee, namely, (1) Mr. Muhammad Qasim Baloch, Director General Excise and Taxation,
(2) Mr. Abdul Waheed Khan, Secretary (E&T), Board of Revenue, (3) Mir Muhammad Anwar
Baloch, Director (Headquarters) Excise and Taxation, (4) Mr. Ghulam Sarwar, Assistant
Secretary (E&T), Board of Revenue. The Government of Balochistan is directed to initiate
disciplinary action against them in accordance with law. In view of the demonstr ative unfitness
of the Chairman and Members of the Departmental Selection Committee they should not serve
on any departmental selection committee in the future.
(3) That the Government of Balochistan Notification No.8 -Estt:/ E&T/BOR/1396 -1405 dated
April 23, 2012 confirms that the said appointments were made in gross violation of applicable
rules;
(4) In view of the fact that the said appointments were illegal and unconstitutional the
same are of no legal effect and create no right, t itle, interest, benefit and or privilege in the
appointees. Under the circumstances, the Balochistan Service Tribunal does not have any
jurisdiction, therefore, the appointees cannot assail their termination from service before the said
Tribunal.
Office to send copies of this judgment to the Chief Secretary, Secretary S&GAD,
Secretary Finance of the Government of Balochistan and Private Secretary to the Chief
Minister. The Government of Balochistan through the Chief Secreta ry is directed to
circulate paragraphs 12, 15, 17 and 18 of the judgment authored by the Hon'ble Chief
Justice to all Ministries, Heads of Departments and members of all departmental
selection committees.
(Sd.)
Qazi Faez Isa,
Chief Justice.
(Sd.)
Abdul Qadir Mengal
Judge
(Sd.)
Muhammad Hashim Khan Kakar,
Judge
MH/20/Q Petition allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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