2025 P L C (C.S.) 472
[Balochistan High Court]
Before Muhammad Hashim Khan Kakar, CJ and Muhammad Aamir Nawaz Rana, J
AKHTAR HUSSAIN LANGOVE MEMBER PROVINCIAL ASSEMBLY and 5 others
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and 3 others
C.P. No.905 of 2020, decided on 15th October, 2024.
Quetta Water and Sanitation Authority (Employee's Service) Regulations, 2011 ---
----Regln.13 ---Quetta Water and Sanitation Authority Act (XII of 2004), S.13(1) ---
Balochistan Water and Sanitation Authority Act (IX of 1989) (Since repealed), S.34(2) ---
Constitution of Pakistan, Art.199---Appointments in Quetta Water and Sanitation Authority
(Q-WASA) from districts outside Quetta ---Eligibility criteria ---Determination ---Residuary
restrictions on employment--- Participation of the petitioner in the recruitment process
without challenging the regulations removing the residuary restriction for other districts of Balochistan ---Laches ---Contention of the petitioner was that employment in Q -WASA was
only restricted to residents of Quetta District ---Validity ---Balochistan Water and Sanitation
Authority Act, 1989 (Act, 1989), extended to all cities of the province of Balochistan having
population of one lac or more and to such other areas, but Act, 1989 was subsequently repealed by the Quetta Water and Sanitation Authority Act, 2004 (Act, 2004), which was extended only to the Quetta District ---Under S.13(1) read with S.34(2) of the Act, 2004 the
authority with prior approval of the Government had made the Quetta Water and Sanitation Authority (Employees' Service) Regulations, 2011 (Regulations) ---Regulation 13 of the same
provides eligibility criteria for initial appointments ---In the publication for the posts it was
clearly mentioned that any applicant having either local certificate or domicile certificate of province of Balochistan could apply for the vacant posts lying in Q -WASA, which was in
consonance with the Regulations ---Petitioners instead of challenging Regln. 13 of the
Regulations or the publication for appointment on different posts, participated in the recruitment process without any objection, but subsequently when they could not succeed they assailed the recruitment process on the ground that the candidates belonging to other districts of Balochistan could not have applied for the said posts and their subsequent appointments by Q -WASA were in violation of the Act of 2004--- Petitioners despite having
knowledge never questioned Regln. 13, which allowed all the residents of Balochistan either having local certificate or domicile certificate to apply for the posts advertised by the Q -
WASA ---Present petition also suffered from laches as the Regulations were in force since,
2011 but despite knowledge the same were not challenged and only after participating in the recruitment process and remaining unsuccessful the petitioners agitated their grievance---Constitutional petition was dismissed, in circumstances.
Attaullah Langove for Petitioners.
Zahoor Ahmed Baloch, A.A.G for Respondents Nos.1 to 4.
Adnan Ejaz Sheikh for Private Respondent.
Date of hearing: 9th October, 2024.
JUDGMENT
MUHAMMAD AAMIR NAWAZ RANA, J. ----The petitioners have challenged the
appointments made in Quetta Water and Sanitation Authority (hereinafter referred "Q -
WASA") on the ground that since Quetta Water and Sanitation Act, 2004 (hereinafter referred "the Act, 2004") had repealed the Balochistan Water and Sanitation Act, 1989 (hereinafter referred "the Act, 1989") and since the legislature has extended the Act, 2004 only to the district Quetta therefore the appointments on different posts in Q -WASA cannot
be made of persons belonging to other districts of Quetta. The petitioners referring the
recruitments process being carried out by Q -WASA as well as appointments already made on
different posts of employees belonging to other districts of Balochistan, illegal have challenged the same through this constitution petition, which carries the following prayers:
"It is, therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to declare the impugned acts of respondents of appointing the candidates of other Districts (Le. respondents Nos.5 to 68) other than Quetta District on the vacant posts of Quetta Water and Sanitation Authority to be illegal, consequently the appointment orders of respondents Nos.5 to 68 may be set aside and directions may be issued to respondents to appoint the local/ domicile candidates of Quetta District on the vacant posts of Quetta Water and Sanitation Authority in accordance with law, with any other relief and cost of the proceedings throughout in the interest of justice."
2. Learned counsel for the petitioners mainly contended that after promulgation of the
Act, 2004 only the individuals having domicile certificate/local certificate of district Quetta are entitled to be appointed in Q -WASA and the appointments made by the authorities of
employees having domicile/local certificate of other districts are illegal and infact amount to usurping the right of petitioners who belong to District Quetta.
3. The respondents strongly opposed this petition by filing para -wise comments and
submitted that under the Act, 2004 there was no restriction that the appointments of employees must be made of person having domicile or local certificate of District Quetta; per learned counsel for the respondents the appointments were made purely on merits and the petitioners who were not succeeded in the recruitment process without any rhyme or reasons have challenged the appointments of the respondents who themselves had failed in the
recruitment process, therefore they cannot be termed as "aggrieved party" within the meaning of Article 199 of the Constitution.
Arguments heard and relevant record perused.
4. The Act, 1989 which was extended to all cities of the province of Balochistan having
population of one lac or more and to such other areas which the government may by notification in the official gazette notified from time to time was subsequently repealed by the Act, 2004 which Act was extended only to the Quetta District.
Subsequently in exercise of the power conferred under Section 13(1) read with 34(2)
of the Act, 2004 the authority with prior approval of the Government of Balochistan on 1st October, 2011 had made the Regulations which are called "the Quetta Water and Sanitation Authority (Employee's Service) Regulations 2011 (hereinafter referred "the Regulations, 2011"). The Regulation- 13 provides eligibility criteria for initial recruitments. For facility of
reference the same is reproduced:
13. Eligibility for initial recruitment. ---(1) No person shall be appointed to a post by
recruitment unless he produces,--
(a) Nationality identity card showing his nationality;
(b) Domicile/Local certificate showing his domicile in the province of Balochistan;
(c) Certificate of character from the principal/academic officer of the academic institution last attended by him; and
(d) Certificates of character from two other responsible persons (not being his relatives) who are well acquainted with his character and antecedents.
(2) No person shall be appointed to a post by initial recruitment unless he produces a medical certificate of fitness from the medical officer duly authorized in that behalf by the authority or the medical board as constituted by the Government for it employees:
Provided that in the following cases the employees shall not be required to produce such medical certificate, --
(a) an employee in grade III, appointed in a temporary vacancy of less than six month's duration; and
(b) an employee in grades I and II, appointed in a temporary vacancy of less than six
month's duration.
(Emphasis provided)
5. The record transpires that the recruitment process was initiated by Managing Director
Q-WASA through different publications inviting applications from aspirants and in the
publication for the posts it was clearly mentioned that any applicant having either local certificate or domicile certificate of province of Balochistan can apply for the vacant posts lying in Q -WASA. The notice inviting applications is inconsonance with the ibid Regulation.
The record transpires that the petitioners instead of challenging the Regulation- 13 of the
Regulations, 2011 or the publication made in this regard for appointment on different posts, rather without any objection participated in the recruitment process, but subsequently when they could not succeed they assailed the recruitment process on the ground that the applicants/candidates belonging to other districts of Balochistan could not have applied for the said posts and their subsequent appointments by Q -WASA are in violation of the Act,
2004. We have considered this arguments of the learned counsel for the petitioners but could not find any substance in the same as at the relevant time the petitioners despite knowledge never questioned the ibid Regulation- 13 which allowed all the residents of Balochistan either
having local certificate or domicile certificate to apply for the posts advertised by the Q -
WASA. The petition is also suffering from latches as the Regulations, 2011 are enforced since 2011 but despite knowledge the same were not challenged and only after participating
in the recruitment process and being remained unsuccessful, thereafter the petitioners
agitated their grievance.
For foregoing reasons we did not find any merit in this petition, same is dismissed.
SA/131/Bal. Petition dismissed.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.