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MUHAMMAD SHAFEEQ vs FEDERATION OF PAKISTAN, through Secretary, Ministry of Petroleum and Natural Resources S — 2023 PLC(CS) 205 ISLAMABAD

Case information

Citation
2023 PLC(CS) 205 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
PLC
Parties
MUHAMMAD SHAFEEQ vs FEDERATION OF PAKISTAN, through Secretary, Ministry of Petroleum and Natural Resources S
Subject matter
Constitutional
Provisions referred to
S. 8---C; S. 8; Pakistan Act

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

MUHAMMAD SHAFEEQ VS FEDERATION OF PAKISTAN, through Secretary, Ministry of Petroleum and Natural Resources S.8---Constitution of Pakistan, Art. 199---Constitutional petition---Substitution of findings---Director General, appointment and salary package---Selection criteria---Petitioner assailed appointment of respondent as Director General of Hydrocarbon Development Institute of Pakistan and claimed himself to be a better candidate---Petitioner also assailed that salary package given to respondent was exorbitant and not approved by Federal Government---Validity---High Court in exercise of its powers of judicial review could not substitute its findings with those of a tribunal or a selection authority that had carried out a comparative analysis of credentials of candidates for appointment against an advertised post---Petitioner and respondent were not even in close contest---Evaluation committee awarded more marks to respondent who was on top in merit list, whereas petitioner was awarded less marks and was low in the merit list---Petitioner was not among the three candidates who had fared the best out of the contestants---Claim of petitioner that he was the most suitable candidate for the post of Director General was not tenable---Salary package for respondent determined by Board of Governors of Hydrocarbon Institute of Pakistan was to be subject to approval of Federal Government in terms of S.8(1) of Hydrocarbon Development Institute of Pakistan Act, 2006---High Court directed that if Federal Government would not approve salary package determined by Board of Directors or was less beneficial for respondent, the salary and other privileges already drawn by him should be accordingly adjusted---Constitutional petition was disposed of accordingly.

Other judgments reported in 2023 PLC

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