SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

Case information

Citation: 2026 SCMR 22 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY
Subject matter: Constitutional
Provisions referred to: S. 27---C

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

SYED SAAD ALI VS FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY. S. 27---Civil Aviation Authority Service Regulations, 2000, Regulation 21(1)---Contract employment---Vires of law, challenge to---Doctrine of sub silentio---Scope. The petitioners, who were contract employees of Civil Aviation Authority, challenged Regulation 21(1) of Civil Aviation Authority Service Regulations, 2000, which restricted contract employment to a maximum period of five years. The petitioners contended that they were appointed through merit-based recruitment process on permanent posts and that the impugned regulation was unconstitutional and violated their fundamental rights. The High Court dismissed the petitions without deciding the challenge regarding vires of the impugned regulation. Held: Where a Court decides a case without considering or addressing a specific question of law raised before it, such decision is rendered sub silentio and does not carry authoritative precedential value on that point. The Supreme Court held that the High Court failed to adjudicate upon the question of vires of Regulation 21(1) and completely ignored the constitutional challenge raised by the petitioners. The doctrine of sub silentio was applicable because the judgment was delivered without specifically determining the legal issue requiring adjudication. The impugned judgment was set aside and the matter was remanded to the High Court for fresh decision after considering the vires of the impugned provision. The civil petitions were converted into appeals and allowed in circumstances.

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