| Case ID |
6753e9ab-8ed0-4509-b8ee-f6181330ab34 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 34703 of 2016 |
| Decision Date |
Mar 01, 2017 |
| Hearing Date |
|
| Decision |
The appointment of the respondent as Legal Advisor to the Punjab Privatization Board was set aside by the Lahore High Court. The court directed the Selection Committee to reconsider the merit-wise names recommended by the Punjab Privatization Board and select a suitable candidate based on objective criteria, providing well-founded reasons for their decision. This ruling emphasizes the binding nature of recommendations made by autonomous bodies and underlines the importance of adhering to established recruitment procedures as outlined in the Punjab Privatization Board Act, 2010. |
| Summary |
This case revolves around the appointment process of legal advisors within the Punjab Privatization Board, highlighting the significance of adhering to recommended procedures for recruitment. The petitioner challenged the appointment of a legal advisor, arguing that he was ranked higher in the merit list than the appointed individual. The Lahore High Court ruled in favor of the petitioner, emphasizing that the recommendations of the Punjab Privatization Board should be considered binding, and any deviation from this must be justified with well-founded reasons. This case underscores the importance of transparency and objectivity in recruitment processes for legal positions, ensuring that qualified candidates are appointed based on merit. It also serves as a reminder of the legal frameworks governing such appointments, including the Punjab Privatization Board Act and the Constitution of Pakistan, which mandate adherence to specified procedures. The decision is a crucial reference for future cases involving recruitment within public sector bodies, reinforcing the necessity of following established protocols and criteria for appointment. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI,
SHAFIQUE AHMAD
|
| Lawyers |
Not available
|
| Petitioners |
person
|
| Respondents |
MINISTER FOR LAW AND OTHERS,
Hamayun Rasheed No. 2
|
| Citations |
2017 SLD 784,
2017 PLC 1123
|
| Other Citations |
PLD 2011 SC 7,
2008 SCMR 960,
1992 MLD 1128
|
| Laws Involved |
Punjab Privatization Board Act, (IV of 2010),
Constitution of Pakistan, 1973
|
| Sections |
6(k),
14,
199
|