Hafiz MUHAMMAD BILAL vs AUQAF DEPARTMENT through Chief Commissioner, ICT R — 2025 PLC(CS) 404 ISLAMABAD

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Hafiz MUHAMMAD BILAL VS AUQAF DEPARTMENT through Chief Commissioner, ICT R.3---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.3(2)---West Pakistan Auqaf Department (Khateebs and Imams) Service Rules, 1968, R.7---Islamabad Capital Territory Waqf Properties Act (XXIX of 2020), Ss.5, 27 & 28---Auqaf (Federal Control) Act (LVI of 1976), S.25---Appointment to post of Khateeb in Islamabad Capital Territory---Eligibility criteria---Determination---Fixation of age limit----Validity---High Court while analyzing the relevant legislation, including the West Pakistan Waqf Properties Ordinance, 1961, Auqaf (Federal Control) Act, 1976, Islamabad Capital Territory Waqf Properties Act, 2020, and the Islamabad Capital Territory Auqaf Employees Service Rules, 1998, (ICT Auqaf Rules) concluded that the ICT Auqaf Rules govern the terms and conditions of service for Auqaf employees in Islamabad Capital Territory (ICT)---High Court upheld the age limit of 25 years as prescribed in the advertisement, finding it to be in accordance with the ICT Auqaf Rules and permissible under the applicable rules framed under the Civil Servants Act---Constitutional petition was dismissed to that extent, in circumstance. Citation Name: 2025 PLC(CS) 404 ISLAMABADBookmark this Case Hafiz MUHAMMAD BILAL VS AUQAF DEPARTMENT through Chief Commissioner, ICT R.7---Constitution of Pakistan, Arts. 9, 18, 25 & 27---Appointment to post of Khateeb in Islamabad Capital Territory---Children quota---Legitimate expectation---Any quotas, if they were to be reserved for children of former Khateebs or Imams, would fall foul of Arts.9, 18, 25 & 27 of the Constitution and there could exist no legitimate expectation that such quotas would be reserved for the kin of former Khateebs and Imams in breach of requirements of the Constitution---High Court rejected the claim of the petitioner for preferential treatment based on his parentage, emphasizing that public sector employment could not be hereditary and must be based on merit and equal opportunity---Constitutional petition was dismissed to this extent, accordingly. Citation Name: 2025 PLC(CS) 404 ISLAMABADBookmark this Case Hafiz MUHAMMAD BILAL VS AUQAF DEPARTMENT through Chief Commissioner, ICT R.7---Islamabad Capital Territory Waqf Properties Act (XXIX of 2020), Ss.5, 27 & 28---Constitution of Pakistan, Arts. 4, 9, 18, 25, 27 & 38(g)---Appointment to Post of Khateeb in Islamabad Capital Territory---Allocation of regional/provincial quota---Legality---Articles 4, 9, 18, 25, 27 and 38(g) of the Constitution, when read together, provide that the quotas or reserved posts in relation to the service of the Federation to be filled by individuals hailing from particular Provinces or regions are outrightly unconstitutional---Allocation of provincial quotas would be in conflict with the right guaranteed by Art. 27(1) of the Constitution and would also undermine the right of a citizen to be afforded a level playing field in competing for jobs within the Federation, as guaranteed by Arts. 9, 18, 25 & 27 of the Constitution---Posts in the Auqaf Department qualified as posts in relation to a Province and the Chief Administrator and/or the Chief Commissioner, vested with authority under S. 3 of the ICT Wafq Act, could determine in exercise of their delegated statutory authority that posts in the Auqaf Department ought to be filled by those who meet certain residency requirements in consonance with Art.27(2) of the Constitution---In exercising such authority and prescribing eligibility requirements under the ICT Wafq Act or the ICT Auqaf Rules, no quotas could, however, be prescribed or reserved for residents of other Provinces, thus, advertisement prescribed and fixed quotas for residents of other Provinces in relation to posts within the Auqaf Department of ICT, were unconstitutional and ultra vires Art.27 read together with Arts. 9, 18 & 25 of the Constitution---Constitutional petition was allowed to this extent, accordingly.

Hafiz MUHAMMAD BILAL vs AUQAF DEPARTMENT through Chief Commissioner, ICT R — 2025 PLC(CS) 404 ISLAMABAD

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