Islamabad - A petition has been filed in the Islamabad High Court challenging the federal government’s jurisdiction in making inductions in the District Management Group and the Police Service Group of the Civil Services of Pakistan.

Petitioner GM Chaudhry has raised the point that after the Constitutional 18th Amendment, provinces have complete control of policing and the district administration and the federal government has no authority to recruit, appoint and control the DMG and PSP officers which is the exclusive domain of the provincial governments.

The petition questioning the legality and constitutional status of the DMG and PSP groups and legality of their relevant rules has contended that it was in violation of the provincial autonomy and interference in the affairs of the provinces.

The petitioner has cited the federal government through the prime minister, establishment and law divisions’ secretaries, the Federal Public Service Commission chairman and chief ministers of all the four provinces as respondents.

The petitioner has adopted that Article 240 and 241 of the Constitution provides about appointments to and conditions of service as well as existing rules regarding such services. However, after the 18th amendment, there was a complete devolution of powers to the provinces which was also included in the concurrent legislative list.

He has argued that the federal government was competent to make appointments in the federal legislative list.

 “The Federal Legislative List did not include any power regarding policing as well as management of districts or district governments which are within the administrative ambit of the provinces. However, it is strange that the federal government is still making recruitment for the purposes of policing and district administration,” the petitioner said.

He added that for the composition of the PSP and DMG, the federal government has notified rules vide notification SRO 1033(I)/85 dated 23-10-1985 and office memorandum 2/2/74-ARC dated 23-02-1974 which are still in force and the federal government was continuously making recruitments against the vacancies allocated for such services through the FPSC.

He has maintained that Article 141 and 142 provides about the distribution of legislative powers between the federation and the provinces and the policing and administration were the subject falling within the legislative ambit of the provinces and the Parliament has no power to make laws on these subjects.

He has prayed to the court to declare rules regarding the composition of the PSP and PAS notified vide notification SRO 1033(I)/85 dated 23-10-1985 and office memorandum 2/2/74-ARC dated 23-02-1974 as abinitio illegal, in violation of the Constitution and without any lawful authority and being as such be set aside.