2020 P L C (C.S.) 242
[Balochistan High Court]
Before Naeem Akhtar Afghan and Abdul Hameed Baloch, JJ
USMAN ALI and 17 others
Versus
The SECRETARY, RELIGIOUS AFFAIRS AND INTER- FAITH HARMONY
DEPARTMENT, GOVERNMENT OF BALOCHISTAN and another
C.P. No.1542 of 2018, decided on 30th September, 2019.
Civil service ---
----Appointment ---Petitioners had qualified written test and interview ---Ban imposed on
recruitment ---Re -advertisement for appointment against vacant posts ---Petitioners had
qualified writt en test and interview and were recommended for appointment by the
Recruitment Committee but prior to issuance of appointment orders ban on recruitment was
imposed ---Respondents lifted the ban on recruitment but re -advertised the vacant posts ---
Validity ---Petitioners had qualified written test and interview and Selection Committee had
recommended the candidates for their appointment ---No plausible reason was given not
issuing appointment orders to the petitioners ---Authorities were directed to issue
appointm ent orders of the petitioners ---Constitutional petition was allowed, accordingly.
Abdul Razaq Shar, Najamuddin Mengal and Hafeezullah for Petitioners.
Abdul Latif Kakar, A.A.G. for Respondents.
Date of hearing: 19th September, 2019.
JUDGMENT
ABDUL HAM EED BALOCH, J. ----This judgment disposes of Constitutional
Petition No. 1542 of 2018, whereby the petitioners prayed as under:
i) To declare that the petitioners have qualified for the vacant posts of Stenographers (B-14) and Junior Clerk (B -11) in Religio us Affairs and Inter -Faith Harmony
Department Government of Balochistan.
ii) To declare that the petitioners being successful candidates are entitled for their appointment orders.
iii) To declare that the respondents have no authority to deprive the petiti oners from their
fundamental rights of not issuing their appointment order.
iv) Directing the respondents to issue appointment orders of the petitioners against the
vacant posts for which they had already qualified.
v) Permanently restraining the respondents from appointing any other candidate, re -
advertising and conducting fresh test/intervie w.
vi) Any other relief, which may deem fit and proper in the circumstances of the case may
also be awarded.
vii) Cost of the petition may be awarded.
2. Brief facts of the case are that the Religious Affairs and Inter -Faith Harmony
Department through Adve rtisement in daily 'Mashriq' Quetta on 19.03.2018 invited
applications for vacant posts of different categories from eligible candidates of different districts of the province; that the petitioners pursuant to the said advertisement also applied for the po st of Stenographer/Junior Clerk and appeared in the test and interview; that after
the test and interview the departmental Selection/Recruitment committee vide Minutes dated 03.08.2018 recommended the petitioners to be appointed, but prior to issuance of t heir
appointment orders, ban was imposed by the Chief Minister vide letter dated 20.08.2018, issued by the respondent No.2.; that subsequently the ban was lifted and the departments were asked to complete the process of recruitment vide letter dated 07.12. 2018; that the
process of appointments were completed in all respects and the petitioners were recommended for appointments, as such, there was no occasion with the respondent No.1 to issue a letter to the respondent No.2 by making the following query:
"4. As few candidates crossed the age limit and avoid the court case, in view of the above narrated facts this department may please to advise whether we issue the appointment
order in respect of successful candidates or re -advertised the vacant posts."
That on the strength of test/interviews conducted by the departmental/selection committee,
appointments letters were issued in favour of some of the candidates, particularly Naib Qasid and Chowkidar, whereas the petitioners are still waiting for their appointme nt orders; that
ban was imposed in respect of the cases where process of appointment was not completed, while the petitioners were required to be appointed in view of the fact that process of appointment was completed. The petitioners being aggrieved have invoked the jurisdiction of
this court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
3. We have heard the learned counsel for the parties at reasonable length, perused the
documents appended with memo of petition as well as t he reply submitted by the official
respondents. The perusal of record reveals that the petitioners appeared in the test and interview and qualified for the aforementioned posts. The departmental/selection committee recommended the names of qualified candidates for the posts of stenographer BPS -14 and
Junior Clerk BPS -11 vide minutes dated 3.8.2018, meanwhile the Deputy Secretary
(Services -I) S&GAD, vide letter bearing No. S -VIII-2(1) Gen:/2018- S&GAD, issued circular
to all the Secretaries/Head of attached D epartment, Government of Baluchistan to stop the
incomplete process of recruitments. Thereafter the S&GAD Department vide letter No. S.O(R -I)5(35)3/S&GAD -2018/2730- 2829 dated 7th December, 2018, directed all the
departments to advertise the vacant posts, w hereupon the respondent No.1 vide letter No. SO
(Estt:)1 -3/PZA/6715, dated 11th December, 2018 advised the Secretary S&GAD for
appointment of the successful candidates for the post of Stenographers and junior clerks. The
Minutes dated 3.8.2018 and letter d ated 11th December, 2018 manifest that the petitioners
have succeeded in the test and interview but the respondents without any plausible reasons did not issue the appointment orders of the petitioners, which act on the part of the
respondents amounts to violation of Articles 4 and 5 of the Constitution of Islamic Republic
of Pakistan. As per Article 4 of the Constitution every citizen has right to be treated in
accordance with law. The public functionary is bound to act within the four corners of the Const itution as the same being superior law of the country is binding on every organ of the
country.
Thus, in view of above, petition is allowed. The respondents are directed to issue
appointment orders of the petitioners being qualified candidates.
ZC/118/Bal . 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,
let us know.