Dr. AMNA MAHMOOD vs FEDERATION OF PAKISTAN through Secretary, Ministry of Federal Education and Professional Training art — 2022 PLC(CS) 223 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 223 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: Dr. AMNA MAHMOOD vs FEDERATION OF PAKISTAN through Secretary, Ministry of Federal Education and Professional Training 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

Dr. AMNA MAHMOOD VS FEDERATION OF PAKISTAN through Secretary, Ministry of Federal Education and Professional Training art.199---Constitutional petition---Opportunity of hearing, non-provision of---Scope---Petitioner sought direction to the authorities to post her against the position of the Pakistan Chair at a foreign university---Validity---Search and Selection Committee had recommended the petitioner as the principal candidate for posting against the Pakistan Chair at a foreign university and the recommendation was also approved by the Prime Minister---No order for the petitioner's posting was issued pursuant to the approval---Only reason forwarded for re-initiating the selection process was that "it dawned that some of the candidates do not possess the relevant qualification"---If it was found that the petitioner did not have the relevant qualifications, the very least that she was entitled to was a right of hearing so that she could have had an opportunity to satisfy the respondents as to her qualifications and experience---Reason put forward by the relevant ministry was generalized and ambiguous---Issuance of posting order, after approval of the Prime Minister, was only a ministerial act---Decisive step in the case was the approval of Prime Minister to the recommendations made by the Search and Selection Committee---Prime Minister could recede or recall the approval but only for reasons sustainable in law---Relevant ministry was directed not to re-advertise the said position until an opportunity of a hearing was afforded to the petitioner and a reasoned order was passed on whether or not she had the required qualifications set out in the advertisement---Petition was disposed of, accordingly.

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