| Case ID |
09969ec1-aca3-4339-b42e-8fc667549c8e |
| Body |
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| Case Number |
Civil Petition No. 216-Q of 2017 |
| Decision Date |
Jan 04, 2018 |
| Hearing Date |
Jan 04, 2018 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the petitioner, Jahanzeb Malik, against the judgment of the High Court of Balochistan. The case revolved around the qualifications required for the post of Director (Monitoring and Evaluation) at the Balochistan Public Procurement Regulatory Authority. The petitioner was initially deemed unqualified due to the timing of the issuance of his degree. However, the Supreme Court found that the petitioner had completed the necessary qualifications before the application deadline and that the formal issuance of the degree was delayed for reasons beyond his control. The Court also ruled that the High Court had exceeded its jurisdiction by taking suo motu notice of the extension of the respondent's term without proper legal grounds. Consequently, the Supreme Court set aside the High Court's decision, affirming the petitioner's qualifications and reinstating his appointment. |
| Summary |
This case discusses the qualifications of individuals applying for public service positions, particularly in the context of the Balochistan Public Procurement Regulatory Authority. The Supreme Court of Pakistan examined whether the timing of the issuance of an academic degree affects the eligibility of a candidate for a government post. The petitioner, Jahanzeb Malik, had completed his Master's degree in 2014 but received the formal degree in 2015, leading to his disqualification by the High Court. However, the Supreme Court determined that the degree completion date was critical and ruled in favor of the petitioner, emphasizing the importance of merit and qualifications over administrative delays. The decision highlights the Court's commitment to uphold the rights of qualified candidates in public service recruitment, ensuring that procedural discrepancies do not undermine the integrity of the hiring process. This case is significant for legal practitioners, public service aspirants, and policymakers, as it underscores the need for clarity in qualification requirements and the implications of administrative actions on employment rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Balochistan Public Procurement Regulatory Authority
|
| Judges |
Faisal Arab, Justice,
Ijaz Ul Ahsan, Justice,
Mian Saqib Nisar, Chief Justice
|
| Lawyers |
Tariq Mehmood, Senior Advocate Supreme Court,
Ayaz Swati, Addl. A.G.
|
| Petitioners |
Jahanzeb Malik
|
| Respondents |
Balochistan Public Procurement Regulatory Authority Through Chairman Board of Directors and Others
|
| Citations |
2018 SLD 1609,
2018 PLC 718
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|