| Case ID |
22f0f3d9-7181-4316-ad27-56bccd964343 |
| Body |
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| Case Number |
Writ Petition No. 16811 of 1999 |
| Decision Date |
Dec 04, 2001 |
| Hearing Date |
Dec 04, 2000 |
| Decision |
The Lahore High Court dismissed the petition filed by Muzaffar Hussain regarding the appointment procedures of the Punjab Public Service Commission (P.P.S.C.). The court held that the petitioner did not have the right to seek mandatory reservation of seats based on residence or place of birth, as provided by Article 27 of the Constitution of Pakistan was only permissive and enabling, not compulsory. Additionally, the court noted the petitioner's misconduct in appending unauthorized documents, which further justified the dismissal of the petition without any orders regarding costs. |
| Summary |
In the landmark case of Writ Petition No. 16811 of 1999 heard by the Lahore High Court on December 4, 2000, petitioner Muzaffar Hussain, Principal of the Government Weaving and Finishing Institute in Shahdarah, Lahore, challenged the Punjab Public Service Commission's (P.P.S.C.) appointment procedures. Citing Articles 27 and 199 of the Constitution of Pakistan (1973), the petition argued against alleged discrimination in civil service appointments based on residence or place of birth. The court, presided over by Justices Khalil-ur-Rehman Ramday and Karamat Nazir Bhandari, concluded that the constitutional provisions for reserving posts were merely enabling and not mandatory, thereby denying the petitioner's request for special reservations. The decision emphasized the discretionary power of authorities in the appointment process and dismissed the petition, highlighting the lack of legal grounds for enforcing mandatory quotas. This judgment underscores the balance between constitutional provisions and administrative discretion in civil service appointments, providing critical insights into the interpretation of non-compulsory reservation policies within Pakistan's legal framework. The case also illustrates the significance of procedural propriety, as the court reprimanded the petitioner for submitting unauthorized documents, reinforcing the importance of lawful conduct in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Government Weaving and Finishing Institute
|
| Judges |
KHALIL-UR-REHMAN RAMDAY,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Hafiz Tariq Naseem,
Mushtaq Ahmad Mohal,
Muhammad Shan Gul
|
| Petitioners |
MUZAFFAR HUSSAIN, PRINCIPAL, GOVERNMENT WEAVING AND FINISHING INSTITUTE, SHAHDARAH, LAHORE
|
| Respondents |
PUNJAB PUBLIC SERVICE COMMISSION through Secretary and 2 others
|
| Citations |
2001 SLD 1916,
2001 PLC 634
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Article 27,
Article 199
|