| Case ID |
e092754a-85af-43d5-9edb-656083796f30 |
| Body |
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| Case Number |
C.P. No. 537 of 2017 |
| Decision Date |
Nov 13, 2019 |
| Hearing Date |
Nov 07, 2019 |
| Decision |
The court dismissed the petition, concluding that the agreement made between the landowners and the government regarding the appointment of Class-IV employees based on land donation recommendations was void. The court emphasized that no appointment could be made based on private recommendations, as this would violate Article 25 of the Constitution, which guarantees equality before the law. The court found that allowing such agreements would lead to the illegal sale of public office and deprive landless citizens of their rights to employment opportunities. Therefore, the petitioners could not claim specific performance of the void agreement. |
| Summary |
In the case of C.P. No. 537 of 2017, the Quetta High Court addressed the constitutionality of agreements made between landowners and government authorities concerning the filling of Class-IV employee positions based on land donations. The petitioners, BIBI MARYAM and others, contested their non-recommendation for appointments despite having donated land for educational institutions. The court ruled that any agreement allowing appointments based solely on private recommendations is unconstitutional and illegal, thereby upholding the principles of equality set forth in the Constitution of Pakistan. This case highlights critical issues related to public office integrity and employment rights, making it a significant ruling in administrative law and constitutional law in Pakistan. The decision reinforces that appointments in public service must be merit-based and not influenced by private agreements, ensuring fair access to employment opportunities for all citizens, particularly in light of constitutional protections against discrimination. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
NAEEM AKHTAR AFGHAN, JUSTICE,
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Mr. Jamil Ramzan,
Jamila Kakar,
Mr. Abdul Latif Kakar
|
| Petitioners |
BIBI MARYAM,
OTHERs
|
| Respondents |
9 OTHERS,
GOVERNMENT OF BALOCHISTAN,
SECRETARY EDUCATION
|
| Citations |
2021 SLD 2144,
2021 PLJ 156
|
| Other Citations |
1997 SCMR 855
|
| Laws Involved |
Constitution of Pakistan, 1973,
Contract Act, 1872
|
| Sections |
25,
199,
23
|