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Direct recruitment

Direct recruitment legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 PLC(CS) 853 ISLAMABAD Judicial Precedent
Ss. 5 & 9Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr.7, 8 & 10Constitution of Pakistan, Arts.4 & 199Constitutional petitionDirect recruitmentScope

Petitioner questioned the appointment of a lawyer against the post of Secretary Law, Justice and Human Rights Division of government of Pakistan on the ground that the said post was to be filled through promotion and not otherwise

Validity

Post of Secretary Law and Justice was required to be held by a person having professional career and qualification in legal discipline

In case the post in question was assumingly be allowed to be filled amongst the persons holding the positions of BS-21 irrespective of their qualification of law, the same would not justify the descriptions and requisites attached with the said post

Law had not prohibited to fill up the said post through direct recruitment on contract basis

No one could be prevented to do an act which was not prohibited under any law

After implementation of judicial policy, the post of Secretary Law and Justice could only be filled through direct recruitment from amongst professional lawyers as had been done in the present case

Constitutional petition was dismissed.

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Precedents & Case Laws citing "Direct recruitment"

SCMR 1994
Civil Petition No. 241‑P of 1991, decided on 6th October, 1992.

1994SCMR1957

RUSTAM KHAN and another‑‑‑Petitioners Versus GOVERNMENT OF N.‑W.F.P. EDUCATION DEPARTMENT

Court: Supreme Court of Pakistan
PLC(CS) 1983
Appeal No. 39 of 1982, decided on 21st March, 1983.

1983 P L C (C

Syed MAHFOOZ ALI Versus PROVINCE OF SIND AND 75 OTHERS

Court: Service Tribunal Sind
PLC(CS) 1971
122/28, 140/35, 102/56, 168/47, 126/27 and 98/46, decided on 18th

1971 P LC 31 [C

AND OTHRRS. Versus SECRETARY TO GOVERNMENT OF WESPAKISTAN,

Court: 1971 P LC 31 C.S.T
SCMR 1986
Civil Appeals Nos. 57 to 61 of 1981, decided on 17th March, 1986.

1986SCMR 898

ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE-Appellant Versus MUHAMMAD ZAFAR AND 4 OTHERS-Respondents

Court: Art. 212 (3)-Civil service-Seniority-Leave to appeal granted to examine whether Service Tribunal had correctly exercised its juris diction in so far as it ante-dated appointments of direct recruits to tithe when vacancies occurred or their selection was made, ignoring altogether date in which such recruits took over their appointment, and in assigning seniority, pay allowances according to such ante dated appointments.-Civil services.
PLD 1958
6th December 1957, under Article 170 of the Constitution

P L D 1958 (W

Superintendent of Police, Gujranwala. | Versus (1) THE ISLAMIC REPUBLIC OF PAKISTAN, |

Court: High Court
PLC(CS) 2010
Writ Petition No.22006 of 2009, decided on 2nd February, 2010.

2010 P L C (C

BASHIR AHMED Versus NATIONAL COLLEGE OF ARTS through Principal, National College of Arts and another

Court: Lahore High Court
PLD 1990
MARJAN KHAN and others--Respondents Civil Appeals Nos. 12-0, 13-0 and 14-0 of 1985, decided on 26th September, 1989.

P L D 1990 Supreme Court 477

GOVERNMENT OF BALOCHISTAN through Secretary, S&GAD, Quetta and others — Appellants Versus MARJAN KHAN and others — Respondents Civil Appeals Nos. 12-0, 13-0 and 14-0 of 1985, decided on 26th September, 1989.

Court:
PLC(CS) 1971
Case No. 461/196 of 1970, decided on 9th April 1971.

1971 P L C 146 [C

ABDUL HAFEEZ KHAN Versus DIVISIONAL SUPERINTENDENT, P. W. R.,

Court: 1971 P L C 146 C.S.T.
SCMR 1996
Civil appeals Nos.227 to 243, 937 to 945 of 1993, 192, 683 to 684 of 1994, decided on 21st May, 1996.

1996SCMR1297

MUHAMMAD YOUSAF and 4 others‑‑‑Appellants Versus ABUDL RASHID and others‑‑‑Respondents

Court: Supreme Court of Pakistan
SCMR 1993
Civil Appeal No. 888‑K of 1990, decided on 18th December, 1991.

1993 S C M R 2258

IZHAR HUSSAIN ‑‑‑Appellant Versus SECRETARY, MINISTRY OF INDUSTRIES and 4 others‑‑‑Respondents

Court: Supreme Court of Pakistan