1999 SCMR 2308


Per Ajmal Mian, C.J.(a) Constitution of Pakistan (1973), Articles 2A, 27, 38 & 212

—S. 4 North-West Frontier Province Service Tribunals Act (I of 1974)—Constitution of Pakistan (1973), Arts. 2A, 27, 38 & 212— Appointment made on recommendation of Member, provincial Assembly— Appointments made against the mechanism for appointments provided by law— Legality—Appointment of a person as Laboratory Attendant in a school in B.P.S. 1 on the recommendation of M.P.A. was challenged by another person (appellant) who claimed preferential right for appointment on that post on recommendation of his uncle who allegedly had donated land for the construction of said school—Representation of other person (appellant) was accepted and appointee’s services were terminated and said other person (appellant) was appointed in his place—Appointee after availing Departmental remedy approached Service Tribunal, which ordered his reinstatement—Validity—Ministers, Members of National and Provincial Assemblies, all were under an oath to discharge their duties in accordance with Constitution of Pakistan and law—Service laws had provided mechanism for appointments which should be transparent, fair and just providing equal opportunity to all on basis of merits—Allocation of quotas to Ministers, M.N.As./M.P.As. and appointments made thereunder were illegal ab initio—Appointment on basis of recommendation of M.P.A. was illegal and other person also had no vested right to claim his appointment against post of Laboratory Attendant in the School Judgment of Service Tribunal was set aside with direction that appointment against the post be made on merits in open competition. [p. 2312] A

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