Syed NAZAKAT HUSSAIN SHAH vs ZEESHAN AZAM Public Service Commission — 2021 PLC(CS)N 5 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLC(CS)N 5 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: Syed NAZAKAT HUSSAIN SHAH vs ZEESHAN AZAM Public Service Commission
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed NAZAKAT HUSSAIN SHAH VS ZEESHAN AZAM Public Service Commission---appointment of assistant Sub-Inspector against the quota of refugees settled in Pakistan---Respondent was appointed as assistant Sub-Inspector against the quota of refugees settled in Pakistan---Contention of petitioner was that domicile certificate issued in favour of respondent was illegal and fraudulent---Writ petition was accepted and authorities were directed to appoint petitioner as assistant Sub-Inspector---Validity---Father of respondent had settled in azad Jammu and Kashmir---Respondent could not be considered a refugee settled in Pakistan, in circumstances---Petitioner was "aggrieved person" and he could urge the Court to re-advertise the post as petitioner had a right to compete the post vacated by the respondent---Respondent was not entitled to apply against the post in question, in circumstances---Recommendations made by the Public Service Commission in favour of respondent and subsequent appointment order were declared null and void---Nothing was on record that petitioner had qualified written test and interview for the post in question---Name of petitioner did not exist amongst the successful candidates against the refugees settled in Pakistan---High Court was not to issue direction for appointment of petitioner in vacuum---Direction issued by the High Court for appointment of petitioner was set aside by the Supreme Court and post vacated by the respondent was directed to be re-advertised---appeal was disposed of, accordingly.

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