MUHAMMAD AMIN vs FEDERATION OF PAKISTAN through Secretary Ministry of Maritime Affairs Pakistan, Islamabad art

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MUHAMMAD AMIN VS FEDERATION OF PAKISTAN through Secretary Ministry of Maritime Affairs Pakistan, Islamabad art.199---Civil service---Constitutional petition---Maintainability---Factual controversy---Issuance of appointment letter---Vested right, determination of---Legitimate expectancy, doctrine of---applicability---Respondents in their alleged that petitioner had worked in two different organizations at the same time, therefore, the post had been re-advertised---Contention of the petitioner was that he was a legitimate expectant for issuance of appointment letter, however, recruitment process had been cancelled only to the extent of the post for which the petitioner had applied, which was illegal and based on mala fide---Validity---Certain allegations levelled by the respondents, which had been objected to by the petitioner being false and misleading were disputed facts, which the High Courts in its constitutional jurisdiction was unable to adjudicate upon---Neither any offer letter had been issued to the petitioner, nor any further commitment had been made by the respondents, which could create any right in favour of the petitioner, which was notwithstanding passing of any test or interview as claimed by the petitioner---High Court while exercising discretionary jurisdiction under art. 199 of the Constitution cannot assume the role of an appointment authority and must not issue any directions for appointment in given facts and circumstances---Unless a vested right is first established no enforcement thereof can be sought---Doctrine of legitimate expectation had not arisen in the present case as mere passing of a test and interview does not ipso facto create any such legitimate expectation---Once the process had been withdrawn and no appointment offer had been made, no right had accrued in favour of the petitioner to seek any direction under the Constitutional jurisdiction of the High Court---No vested right to appointment accrues unless a merit list is displayed and appointment letters are issued as the Government can always stop or abandon the process or initiate a fresh one if there are valid reasons or justification to support such action---Jurisdiction of the High Court under article 199 of the Constitution is limited to the extent of ensuring that state functionaries do what they are required by law to do and refrain from doing what they are prohibited by law to do---Neither a vested right had accrued nor there was a question of any legitimate expectation, therefore, that principle of law was not applicable---Constitutional petition was dismissed accordingly.

MUHAMMAD AMIN vs FEDERATION OF PAKISTAN through Secretary Ministry of Maritime Affairs Pakistan, Islamabad art — 2024 PLC(CS) 1057 KARACHI-HIGH-COURT-SINDH

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