Pellet

Contention of the petitioners (Sindh Bar Council and several of its then office-bearers) that in terms of Arts. 177 & 193 of the Constitution, practicing advocates with relevant experience are qualified to be appointed as Judges of Supreme Court of Pakistan and the respective High Courts, however, the qualification in terms of R. 3(1) has been tailor made so as to limit eligibility to the retired judges of Supreme Court, thus the qualification is unreasonably restrictive and discriminatory violating Art. 25 of the Constitution

Held, that the R. 3(1) of the Appointment of Chairman and Members Qualifications Rules, 2016, does not give rise to a violation of Art. 25 of the Constitution or of the Industrial Relations Act, 2012, and even the scope thereof is considered to be restricted and a more expansive qualification criteria is regarded as desirable, which is a matter to be considered by the competent authority and does not of itself affect the vires of the Rule, and neither such alleged defect nor the setting aside of the Rule on that basis would even otherwise constitute a ground for the Impugned Notification to be struck down so as to displace the incumbent Chairman

Moreover albeit that S. 9 of the Legal Practitioners and Bar Councils Act, 1973, on which reliance has been placed in the present petition, envisages one of the functions of a Provincial Bar Council to promote and suggest law reforms, without presently dilating on the scope thereof

Recourse to Art. 199 of the Constitution is not necessarily the appropriate means of performing that function

Constitutional petition, being meritless, was dismissed in limine, in circumstances.

High Court could exercise its jurisdiction in respect of both such Councils being statutory bodies.

Punjab Rules of Business of Bar Association Memorandum of Association Rules, 1981 [as amended on 7-12-1991], Rr.23, 24, 45, 64 & 67

Punjab Legal Practitioners and Bar Councils Rules, 1974, Rr.7.1 & 7.8

Constitution of Pakistan (1973), Art.199

Filling up of vacancy of office of President of High Court Bar Association

Procedure

Such vacancy must be filled in through election and Vice-President would not automatically assume such office for unexpired period of tenure

Such vacancy of President (also being a member of Executive Committee) would be filled in by a member elected by General House through show of hands

Vacant office of such Association other than a member of its Executive Committee would be filled in by a person having secured next highest votes

Principles.

Executive Committee of Punjab Bar Council had jurisdiction to decide such dispute.