ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Develo

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

ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art.199---Constitutional jurisdiction---Quo warranto---Scope---Writ of quo warranto can be issued inter alia when the appointment is contrary to the statutory rules. Citation Name: 2023 PLC(CS) 1091 ISLAMABADBookmark this Case ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art. 199---Constitutional jurisdiction---Quo warranto---Suitability or otherwise of a candidate for appointment to a post is the function of the selection authority and not that of the Court unless the appointment is contrary to the statutory provisions/rules---Selection authority is required to evolve criteria for the relative fitness and merit of the candidates and then select candidates in accordance with the evaluation carried out on the basis of such criteria---High Court has no instrument to measure thought process of the interviewing body unless some material is brought on record to demonstrate the arbitrary and unfair action of such body. Citation Name: 2023 PLC(CS) 1091 ISLAMABADBookmark this Case ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development R. 14---Procedure for initial appointment---Observance of merit and provincial quota---Written test, significance of---Workers' Welfare Fund (Employees Service) Rules, 1997, do not prevent Workers' Welfare Fund (WWF) from conducting a written test of a candidate participating in a competitive process for appointment to any post in WWF---Indeed, it is desirable for a written test to be conducted for such purpose---Process of selection consists of various steps like inviting applications through advertisement or public notice, scrutiny of applications, rejection of defective applications or elimination of ineligible candidates, conducting an examination, calling for interview or viva voce, and preparation of a list of successful candidates for appointment---In this process, the written examination test is of significant importance---Written test carried out in a fair and transparent manner has multifarious virtues in a selection process---It provides an objective and standardized way to evaluate candidates' knowledge, skills and abilities related to the job requirements---This helps to reduce bias and subjectivity in the selection process---Written test creates transparency in the selection process as all candidates are evaluated based on the same criteria, and the results are visible to all stakeholders---It helps ensure that the candidates appointed to public offices are competent and capable, which is crucial for maintaining the quality and integrity of public services---Written test can increase public trust and confidence in the appointment process as it demonstrates that the selection of candidates is based on merit and objective criteria---It can help to promote meritocracy in the appointment process by ensuring that the most qualified candidates are selected based on their performance in the test---This can help in reducing nepotism and favouritism in the selection process---Written test can promote accountability in the appointment process by providing a clear record of the selection criteria and the performance of each candidate---This can help in reducing the risk of corruption or malpractice in the selection process. Citation Name: 2023 PLC(CS) 1091 ISLAMABADBookmark this Case ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art.199---Workers' Welfare Fund (Employees Service) Rules, 1997, Rr. 12, 13 & 14---Constitutional petition---Writ of quo warranto---appointment without written test---Scope---Petitioner assailed appointments of several respondents on the ground that no written test was conducted before their appointment---Validity---although R.13(6) of the Workers' Welfare Fund (Employees Service) Rules, 1997, requires the Workers' Welfare Fund ('WWF') to make appointment(s) to posts in Workers' Welfare Fund after inviting applications from eligible candidates through an advertisement and R.12(2) requires that appointment to a post in Workers' Welfare Fund is to be made on the recommendations of the Selection Committee, however, the Rules do not require the candidates to participate in a written test---High Court cannot read such a requirement in the Rules---It is difficult to accept the omnibus contention that selection on the basis of interview only is arbitrary and illegal or that selections solely based on interview are a fortiori illegal---Rule 14(1) of the Workers' Welfare Fund (Employees Service) Rules, 1997, requires all vacancies in WWF that are reserved for initial appointment to be filled on all-Pakistan basis "in accordance with merit" and provincial or regional quota prescribed by the Federal Government---Merit of a candidate can be adequately gauged not just through a process of interview but also through a written test---Requirement of a written test is implicit in R.14(1), which mandates appointments to be made in accordance with merit---Given the virtues of a written test in competitive process for appointment to posts in government-controlled bodies, it is expected that henceforth WWF would make recruitments/ appointments through a process which must include a written test---Writ petition was dismissed with costs. Citation Name: 2023 PLC(CS) 1091 ISLAMABADBookmark this Case ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art.199---Constitutional jurisdiction---Quo warranto---Delay in filing petition---Scope---Objection regarding delay in filing a petition seeking the issuance of a writ of quo warranto cannot be sustained where it would result in legitimizing usurpation of office or continuance in office of a person whose appointment clearly suffers from manifest illegality---Exercise of discretion by the High Court, even where such a petition is filed with a delay, is to be governed by the objective of promoting public interest and good administration---On this basis, it cannot be said that discretion would not be exercised to interfere where it is necessary to prevent the perpetuation of illegality. Citation Name: 2023 PLC(CS) 1091 ISLAMABADBookmark this Case ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art. 199---Constitutional jurisdiction---Quo warranto---Scope---Writ of quo warranto should be refused where it is not bona fide or it is an outcome of malice or ill will or is vitiated by malice and vendetta---Moreover, the issuance of a writ of quo warranto is discretionary, and in such proceedings the conduct of the petitioner is of vital importance---High Court must not allow its process to be abused for oblique considerations.

ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistan and Human Resource Development art — 2023 PLC(CS) 1091 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 PLC