BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR vs CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Promotion — 2022 PLC(CS) 610 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 610 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR vs CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Promotion
Subject matter: Service

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

BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HIGH COURT OF BALOCHISTAN Promotion---Eligibility and fitness---Distinction---Question of eligibility is different from the question of fitness---Concept of eligibility implies a qualification to be appointed or promoted, whereas that of fitness encompasses a person's competence to be chosen or selected for appointment or promotion---Question whether a person is legally qualified for appointment or promotion to a particular post and grade is relatable to the factum whether he possesses the requisite qualifications for consideration, whereas the question of fitness pertains to the competency of the person concerned, which is to be decided by the competent authority---Question of fitness for being appointed is to be determined by the functionaries mentioned therein---Person may be eligible for consideration for a particular post, but may not be fit to be appointed---Tests for eligibility are objective and open to scrutiny by a judicial forum---However, even in the matters involving fitness to be appointed or promoted to a particular post or grade there has to be necessary material on the basis of which an opinion, one way or the other, is to be formed.

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