MUHAMMAD SAMI ULLAH vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Promotion, eligibility

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

MUHAMMAD SAMI ULLAH VS FEDERATION OF PAKISTAN through Secretary, Establishment Division Promotion, eligibility criteria of---Scope---Question of fitness or suitability for promotion have always been considered to fall exclusively within the jurisdiction of competent authority not shared with the Court or Tribunal exercising supervisory jurisdiction in respect of eligibility and qualification. Citation Name: 2023 PLC(CS) 435 ISLAMABADBookmark this Case MUHAMMAD SAMI ULLAH VS FEDERATION OF PAKISTAN through Secretary, Establishment Division Promotion---Scope---Case of petitioner was that the Authorities had not considered his case for promotion in accordance with the commitment made on their behalf in an earlier writ petition---Respondents, in the earlier constitutional petition, had submitted that the petitioner would be considered for promotion in the next meeting of Central Selection Board in compliance with directions of the Supreme Court issued in Federation of Pakistan and others v. Dr. Muhammad Arif and others reported as 2017 SCMR 969 and that the petitioner's seniority would be determined in accordance with law---Validity---Case of the petitioner was not covered under the directions of the Supreme Court as the petitioner lacked requisite threshold of marks---So far as second limb of the direction was concerned, the same had been complied with as the petitioner was considered in the meeting of Central Selection Board---Reasons for deferment of petitioner warranted no deliberations being out of the ambit of the instant petition---Question of fitness or suitability for promotion had always been considered to fall exclusively within the jurisdiction of competent authority not shared with the Court or Tribunal exercising supervisory jurisdiction in respect of eligibility and qualification---No case for exercise of jurisdiction in terms of Art. 199 of the Constitution as prayed for was made out---Constitutional petition was dismissed.

MUHAMMAD SAMI ULLAH vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Promotion, eligibility criteria of — 2023 PLC(CS) 435 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 PLC