HADAYAT ULLAH vs FEDERATION OF PAKISTAN art — 2022 PLC(CS) 1603 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 1603 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: HADAYAT ULLAH vs FEDERATION OF PAKISTAN art
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

HADAYAT ULLAH VS FEDERATION OF PAKISTAN art. 240---appointments to service of Pakistan---Principles of merit, non-discrimination, transparency and fairness---article 240 of the Constitution is simply the bedrock on which appointments to the service of Pakistan are to be made; it is then the responsibility of the appointing authorities to ensure that appointments are made strictly in accordance with the relevant laws (including the applicable rules and regulations) that incorporate the principles of merit (selection through a competitive process), non-discrimination, transparency and fairness---Same principles apply to appointments on any post in public service since an organisation can only best serve the people when all its employees are qualified individuals who are selected through a fair and transparent process---In the absence of dedicated supporting staff, no senior officer sitting at the helm of affairs can succeed in guiding the nation towards prosperity---However, it is significant that said principles are not merely fruit of judge made law but they also emanate from the fundamental rights enshrined in the Constitution, especially article 18 (freedom of trade, business or profession) for which reason they occupy an immutable character.

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