Pakistan Case Law
1996 SCMR 1349

In re: ABDUL JABBAR MEMON and others vs NOT

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Citation1996 SCMR 1349
CourtSupreme Court of Pakistan
Case No.Human Rights Cases Nos.104 (i), 104 (ii), 104 (iii) and 104 (iv) of 1992
Date1993-03-06
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan regarding complaints of violations of Fundamental and Human Rights concerning initial public sector recruitments. The core legal question addressed was whether making initial ad hoc and regular recruitments to posts and offices by the Federal Government, Provincial Governments, statutory bodies, and public authorities without publicly and properly advertising vacancies, and converting ad hoc appointments into regular ones, violates constitutional guarantees. The Supreme Court held that such practices are prima facie violative of Article 18 of the Constitution, which guarantees freedom of profession. As a final holding and interim measure, the Court confirmed its order directing that the violation of this fundamental right be discontinued forthwith and that immediate steps be taken to rectify the practice to comply with constitutional requirements.

Questions settled in this judgment
  • Does making initial recruitments to public posts without publicly advertising vacancies violate Article 18 of the Constitution?
  • Is the conversion of ad hoc appointments into regular appointments without proper advertisement permissible under constitutional law?
  • What interim measures must public authorities take regarding recruitment practices that violate fundamental rights?
Laws & provisions referred
  • Article 18 of the Constitution
fundamental rightspublic recruitmentad hoc appointmentsadvertisement of vacanciesconstitutional violationfreedom of profession

ORDER

1. ' The matter has come up for consideration in the presence of the Deputy Attorneys-General, Provincial Law Officers and Mr. Anwar Kamal, Advocate/counsel for PIA. The interim order proposed to be made is hereby confirmed and the case adjourned to enable the Provincial Governments, the Federal Government and the counsel for PIA to seek appropriate instructions from their respective Governments/Departments and to ensure compliance with the order. The interim order is reproduced hereunder in extensor:-- "While inquiring into various complaints of violation of Fundamental/ Human Rights, it has been found that the Federal Government, Provincial Governments, Statutory Bodies and the Public Authorities have been making initial recruitments, both ad hoc and regular, to posts and offices without publicly and properly advertising the vacancies and at times by converting ad hoc appointments into regular appointments. This practice is prima facie violate of Fundamental Right (Article 18 of the Constitution) guaranteeing to every citizen freedom of profession.

2. ' Subject to notice to all concerned, and subject to final orders after full hearing in the matter, it is ordered as an interim measure that the violation of this Fundamental/Human Right shall be discontinued forthwith.

3. ' Steps shall immediately be taken to rectify, so as to bring the practice in accord with the constitutional requirement."

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