NAIMATULLAH vs FEDERATION OF PAKISTAN through Ministry of Science and Technology R — 2024 PLC(CS) 875 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLC(CS) 875 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLC
Parties: NAIMATULLAH vs FEDERATION OF PAKISTAN through Ministry of Science and Technology R
Subject matter: Criminal

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

NAIMATULLAH VS FEDERATION OF PAKISTAN through Ministry of Science and Technology R.16---Constitution of Pakistan, Art.199---Civil service---Constitutional petition---Promotion---No vested right---Eligibility criteria, determination of---Approval of recommendations in the first D.P.C. by the competent authority---Convening of second meeting of D.P.C. for withholding of promotion---Judicial review of the decision taken by the competent authority---Scope---Plea of non-adherence to Rules---Validity---Courts can undertake judicial review of decision of executive authority on grounds of illegality, irrationality or procedural impropriety---Government can make rules in the interest of expediency and to remove anomalies in Service rules---Rules making authority can determine eligibility criteria for promotion, which is essentially an administrative matter falling within the exclusive domain and policy decision making of the government, with which interference by the Courts is not warranted and no vested right of a government employee is involved in the matter of promotion or the rule determining his/her eligibility or fitness---Petitioner was considered without adhering to the relevant service rules, therefore, the decision for his reconsideration for promotion was valid---Constitutional petition was dismissed accordingly.

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