| Case ID |
ed7717c3-6a17-4a20-b8c1-46300110b1c1 |
| Body |
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| Case Number |
Civil Appeals Nos. 433 to 438 and 596 of 2020 |
| Decision Date |
Oct 14, 2020 |
| Hearing Date |
Sep 25, 2020 |
| Decision |
The Supreme Court ruled that the Caretaker Government lacked the authority to make permanent appointments, and any recruitment process initiated during its tenure was invalid. While the recruitment process may have started before the Caretaker Government was established, the actual processing, testing, and recommendations were conducted during its term. The Court emphasized that decisions with significant impact should only be made by an elected government. The case highlighted the importance of transparency and merit in recruitment processes, concluding that the candidates should be allowed to reappear for tests conducted by NTS. The appeals were allowed with directions for a fair and transparent recruitment process. |
| Summary |
In the landmark case of Civil Appeals Nos. 433 to 438 and 596 of 2020, the Supreme Court of Pakistan addressed crucial issues regarding the powers of the Caretaker Government in relation to recruitment processes. The Court found that the Caretaker Government could not undertake any permanent measures, including recruitment, during its limited term. The case arose from the dissatisfaction expressed by candidates who alleged that the recruitment process was not transparently conducted. The Supreme Court emphasized the necessity for a fair recruitment process, allowing candidates to participate in fresh tests to ensure merit-based appointments. This decision serves as a significant precedent regarding the limits of authority of caretaker administrations and the importance of transparency in public sector recruitment, echoing established legal principles from previous cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Balochistan,
Recruitment Committee
|
| Judges |
FAISAL ARAB, JUSTICE,
IJAZ UL AHSAN, JUSTICE
|
| Lawyers |
Arbab M. Tahir, A.G. Balochistan,
Ayaz Khan Swati, Addl. A.G., Balochistan,
Sardar Ahmed Haleem, Advocate Supreme Court,
Amanullah Kanrani, Advocate Supreme Court,
Kamran Murtaza, Senior Advocate Supreme Court,
Syed Rifaqat H. Shah, Advocate-on-Record
|
| Petitioners |
GOVERNMENT OF BALOCHISTAN THROUGH SECRETARY SERVICES AND GENERAL ADMINISTRATION DEPARTMENT AND OTHERS
|
| Respondents |
ABDUL RAUF AND OTHERS
|
| Citations |
2021 SLD 677,
2021 PLD 313
|
| Other Citations |
Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205,
Nemat Ullah and others v. Chairman Governing Body, Worker Welfare Board/Secretary to Government of KPK, Labour Department and others 2016 SCMR 1299
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
224(1A)
|