Ch. Imran Hassan Ali, Advocate, represented the successful Petitioners in a Writ Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Petitioners held B.Tech (Hons) degrees. They applied for appointment to the posts of Assistant Executive Engineers (B&R/E&M) advertised by Military Engineering Services (“MES”). Their applications were rejected. MES said that they were not qualified. They challenged the rejection of their applications in the High Court.
The Respondents argued that the Writ Petitions were not maintainable because the Petitioners had failed to avail of the remedy of appeal provided by the relevant statute within time. The Court rejected this objection. It held that where a statutory functionary acts with mala fide or in a partial, unjustified and oppressive manner, the High Court has the power to grant relief to the aggrieved party by exercising its Constitutional Jurisdiction.
On merits the Court held: “It seems that the petitioners have been dealt with in a discriminatory manner. The respondents have failed to explain the rationale behind refusal to entertain the applications of the petitioners whereas it is established that the previous applications of the candidates holding B.Tech (Hons) degree have been entertained and appointments have been made against the posts of Assistant Executive Engineers which fact has not been denied by the Assistant Director (legal) appearing on behalf of Federal Public Service Commission.”
Consequently, the Court allowed the Writ Petitions, set aside letters of rejection and remitted the matter to the relevant Respondent for fresh decision on the Petitioners’ applications.
The judgment is reported as “Aftab Ahmed and another vs. Federation of Pakistan etc.” [2014 PLC (C.S.) 575 Lahore = K.L.R. 2014 Civil Cases 174].