| Case ID |
1b89ca49-885a-473a-93a4-a11fa71b9c43 |
| Body |
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| Case Number |
Writ Petition No.81113 of 2021 |
| Decision Date |
May 13, 2022 |
| Hearing Date |
May 13, 2022 |
| Decision |
The court allowed the petition, declaring the impugned notification dated 20.12.2021, which appointed respondent No.5 as Administrator of the Punjab Human Organs Transplantation Authority (PHOTA), illegal. The court emphasized that the Monitoring Authority's recommendations should be given due weight, and the Chief Minister must provide cogent reasons if differing from those recommendations. The reasons provided by the Chief Minister for not appointing the petitioner, who was highest on the merit list, were deemed justiciable. The court directed the Chief Minister to appoint the candidate highest on merit within a specified period. |
| Summary |
In the case of Writ Petition No.81113 of 2021, Dr. Mehmood Ayaz challenged the legality of the notification issued by the Government of Punjab appointing another individual as Administrator of PHOTA. The Lahore High Court ruled that the process of appointment was flawed as the Chief Minister failed to provide adequate justification for not appointing the top candidate from the merit list. The court underscored the importance of adhering to merit-based appointments in public service roles, reinforcing the principles of fairness and legality in administrative decisions. This case highlights the critical need for transparency in governmental appointments and the judiciary's role in upholding constitutional rights against arbitrary actions by executive authorities. The ruling serves as a precedent for ensuring that meritocracy is maintained in public sector appointments, thereby promoting justice and accountability within the administrative framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Sajid Mehmood Sethi, J
|
| Lawyers |
Muhammad Ahsan Bhoon,
Muhammad Imran Suleria,
Zunaish Afzal Farooqa,
Malik Akhter Javaid,
Waqar Saeed Khan,
Imran Ahmad,
Barrister Imran Aziz Khan
|
| Petitioners |
Dr. MEHMOOD AYAZ
|
| Respondents |
GOVERNMENT OF PUNJAB through Secretary Health Punjab, Civil Secretariat, Lahore and 5 others
|
| Citations |
2024 SLD 4297,
2024 PLC 352
|
| Other Citations |
Dr. Iqrar Ahmad Khan v. Dr. Muhammad Ashraf and others 2021 SCMR 1509,
Dr. Mir Alam Jan v. Dr. Muhammad Shahzad and others 2008 SCMR 960,
Muhammad Ashraf Sangri v. Federation of Pakistan and others 2014 SCMR 157,
Arshad Ali Tabassum v. The Registrar, Lahore High Court, Lahore 2015 SCMR 112,
Messrs Power Construction Corporation of China Ltd. through Authorised Representative v. Pakistan Water and Power Development Authority through Chairman WAPDA and 2 others PLD 2017 SC 83,
Shahid Pervaiz v. Ejaz Ahmad and others 2017 SCMR 206,
Shahid Aziz v. Chairman, Punjab Labour Appellate Tribunal, Multan and 4 others 2021 PLC 118,
Chief Executive Officer, Multan Electric Power Company Ltd, Khanewal Road, Multan v. Muhammad Ilyas and others 2021 SCMR 775,
Khushal Khan Khattak University through Vice-Chancellor and others v. Jabran Ali Khan and others 2021 SCMR 977,
Danish Usman v. Government of Khyber Pakhtunkhwa, through Chief Secretary and 6 others 2022 PLC (C.S.) 418,
Dr. Iqrar Ahmad Khan v. Government of the Punjab through Secretary Agricultural Department, Lahore and others 2020 PLC (C.S.) 1087,
The State v. Zia-ur-Rahman and others PLD 1973 SC 49,
Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26,
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others PLD 2010 SC 61
|
| Laws Involved |
Transplantation of Human Organs and Tissues Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
8(3),
199
|