PAKISTAN ENGINEERING COUNCIL through its Chairman vs MUHAMMAD SADIQ appointment

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PAKISTAN ENGINEERING COUNCIL through its Chairman VS MUHAMMAD SADIQ appointment--- Eligibility criteria--- Judicial review--- Scope---Discretion of employer---Essential qualifications for appointment to any post is the sole discretion and decision of the employer---Employer may prescribe required qualifications and the preference for appointment of candidate who is best suited to his requirements---Court cannot set down the guidelines or conditions of eligibility or fitness for appointment or promotion to any particular post---In no case can the Court, in the garb of judicial review, seize the chair of the appointing authority to decide what is best for the employer and impose conditions in internal recruitment matters, unless there is a grave violation of applicable law, rules and regulations---In the private sectors, the employer is free to decide the criteria of appointment and promotions and other terms and conditions of employment and for this purpose, may set down its business strategy, H.R. policies, and progression plans---Whereas for the appointment, transfer and promotion in the civil service, the appointment, Promotion and Transfer Rules framed by the Federal Government and Provincial Governments separately under their Civil Servants acts prevail and are followed, and in case of statutory bodies, appointments and promotions are made in accordance with their statutory requirements, rules and regulations; but in all such circumstances, it is within the domain of the competent authority to prescribe required qualification and experience in the recruitment and promotion process---Courts cannot force to accept or interchange any other qualification equivalent to the specific post with specific qualification advertised for inviting applications for recruitment or setting benchmark for promotion of employees to any particular post or grade on attaining any particular length of service.

PAKISTAN ENGINEERING COUNCIL through its Chairman vs MUHAMMAD SADIQ appointment — 2024 SCMR 956 SUPREME-COURT

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