Legal Case Summary

Case Details
Case ID 2b677f88-671b-40f4-8dab-c694e5de763c
Body View case body.
Case Number I.-C.As. Nos. 113, 114 and 115 of 1996
Decision Date Dec 08, 2004
Hearing Date Dec 08, 2004
Decision The Lahore High Court dismissed the Intra-Court Appeal, upholding the selection made by the authorities in the recruitment process. The Court found that the viva voce examination was conducted objectively, and the result sheet produced was a valid public document under Article 150 of the Constitution. The judgment of the learned Single Judge was set aside, affirming that the original record should be given full credit. The appeals were allowed based on the Supreme Court's order and the matter was remanded for further examination of the interview process.
Summary In the case of I.-C.As. Nos. 113, 114 and 115 of 1996, heard by the Lahore High Court on December 8, 2004, the court addressed the legality of the recruitment process for Inspectors in the Income Tax Department. The petitioners challenged the appointment of candidates, arguing that the interview process was not transparent. The court analyzed the recruitment policy under the Constitution and the Qanun-e-Shahadat, concluding that the viva voce was conducted based on objective criteria. The Supreme Court's prior ruling emphasized that the original departmental record must be considered valid. Ultimately, the High Court dismissed the Intra-Court Appeal and upheld the authorities' decisions, indicating that the recruitment process adhered to legal standards. This case is significant in understanding the judicial review of administrative recruitment processes and the adherence to procedural fairness in public service appointments. Keywords such as 'Lahore High Court', 'Constitution of Pakistan', 'Qanun-e-Shahadat', and 'Intra-Court Appeal' are crucial for SEO optimization to attract legal professionals and scholars interested in administrative law and public service recruitment.
Court Lahore High Court
Entities Involved Income Tax Department
Judges CH. IJAZ AHMAD, ACTG. C.J., SYED SHABBAR RAZA RIZVI, J
Lawyers Ch. Mushtaq Masood, M. Ilyas Khan, Azeem Sarwar, Ijaz Feroze
Petitioners , AHMAD SHAFIQUE ELAHI
Respondents , SHAKEEL ANWAR
Citations 2005 SLD 935, 2005 PLC 645
Other Citations Pir Bakhsh v. Chairman Allotment Committee PLD 1987 SC 145, Mst. Nur Khatoon v. Nur Khan PLD 1956 Lah. 293, Ghaus Muhammad v. The State PLC 1978 Lah. 1235, Martial Law Administrator v. Muhammad Niaz PLD 1979 SC 921
Laws Involved Constitution of Pakistan (1973), Qanun-e-Shahadat (10 of 1984), Esta Code
Sections 150, 129(e), 3(d)