ISLAMABAD-The Islamabad High Court (IHC) has issued notices to Ministry of Foreign Affairs in a petition filed against the appointments of respondents on the posts reserved for the residents of Islamabad.
A single bench of IHC comprising Justice Faiz Ahmad Anjum Jandran conducted hearing of the petition filed by Nabeel Mustafa through his counsel Ghulam Fareed Chaudhary Advocate.
In his petition of quo warranto, petitioner challenged the authority of respondents No.4 to 19 [persons appointed on different posts of BPS-1] as they are not eligible to hold their respective positions in public office.
His counsel appearing on behalf of the petitioner contended that under what authority of law, private respondents are holding the positions because as per law they are not eligible to hold the posts.
After the arguments, the court issued notices to the respondents directed them to submit para-wise comments and adjourned the hearing for three weeks.
The petitioner stated that this Court in writ petition No.1648/2015 has held that the residents of Islamabad Capital Territory shall include persons who are either born or are domiciled in Islamabad or have been living in Islamabad for the last ten years.
He added that in the case of Muhammad Muneer Malik Vs. Allama Iqbal Open University, this Court has held as followed, “The object of inviting applications from candidates through advertisements published in daily newspapers is to make certain that all the eligible interested candidates may have an opportunity to compete for the appointment through a fair and transparent selection process. Transparency entails principles of equal opportunity in order to guarantee that the appointment is made on merit and of the most capable and qualified person. Persons eligible in terms of the prescribed criterion, qualification and conditions relating to experience have a right to be given fair consideration through a transparent process. Transparency is the key to ensuring a merit based selection and wide advertisement of the criterion and qualifications determining the eligibility of candidates is a pre-condition. The criterion, qualifications and conditions of eligibility mentioned in the advertisement cannot be altered after the last date fixed for submission of applications. Material deviation from the advertised criterion or qualifications renders the selection process non transparent. It tantamounts to making appointments without inviting applications through advertisement, thus depriving other similarly placed deserving and eligible persons from applying.”
Therefore, he prayed that in view of the above, it may be declared that the appointments of respondents No. 10, 11, 13, 21, 22, 23, 26 and 28, who were not domiciled in Islamabad but were nonetheless appointed by respondent No.1, are unlawful.