Recruitment Eligibility: Objection After Participation Deemed Inadmissible
Q-WASA بھرتی: بعد از شرکت اعتراض ناقابلِ سماعت قرار دیا گیا
مختصر کہانی:
اہم نکات:
Must read Judgement
2025 P L C (C.S.) 472
[Balochistan High Court]
Before Muhammad Hashim Khan Kakar, CJ and Muhammad Aamir Nawaz Rana, J
AKHTAR HUSSAIN LANGOVE MEMBER PROVINCIAL ASSEMBLY and 5 others
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and 3 others
C.P. No.905 of 2020, decided on 15th October, 2024.
Quetta Water and Sanitation Authority (Employee's Service) Regulations, 2011---
----Regln.13---Quetta Water and Sanitation Authority Act (XII of 2004), S.13(1)---Balochistan Water and Sanitation Authority Act (IX of 1989) (Since repealed), S.34(2)---Constitution of Pakistan, Art.199---Appointments in Quetta Water and Sanitation Authority (Q-WASA) from districts outside Quetta---Eligibility criteria---Determination---Residuary restrictions on employment---Participation of the petitioner in the recruitment process without challenging the regulations removing the residuary restriction for other districts of Balochistan---Laches---Contention of the petitioner was that employment in Q-WASA was only restricted to residents of Quetta District---Validity---Balochistan Water and Sanitation Authority Act, 1989 (Act, 1989), extended to all cities of the province of Balochistan having population of one lac or more and to such other areas, but Act, 1989 was subsequently repealed by the Quetta Water and Sanitation Authority Act, 2004 (Act, 2004), which was extended only to the Quetta District---Under S.13(1) read with S.34(2) of the Act, 2004 the authority with prior approval of the Government had made the Quetta Water and Sanitation Authority (Employees' Service) Regulations, 2011 (Regulations)---Regulation 13 of the same provides eligibility criteria for initial appointments---In the publication for the posts it was clearly mentioned that any applicant having either local certificate or domicile certificate of province of Balochistan could apply for the vacant posts lying in Q-WASA, which was in consonance with the Regulations---Petitioners instead of challenging Regln. 13 of the Regulations or the publication for appointment on different posts, participated in the recruitment process without any objection, but subsequently when they could not succeed they assailed the recruitment process on the ground that the candidates belonging to other districts of Balochistan could not have applied for the said posts and their subsequent appointments by Q-WASA were in violation of the Act of 2004---Petitioners despite having knowledge never questioned Regln. 13, which allowed all the residents of Balochistan either having local certificate or domicile certificate to apply for the posts advertised by the Q-WASA---Present petition also suffered from laches as the Regulations were in force since, 2011 but despite knowledge the same were not challenged and only after participating in the recruitment process and remaining unsuccessful the petitioners agitated their grievance---Constitutional petition was dismissed, in circumstances.
Attaullah Langove for Petitioners.
Zahoor Ahmed Baloch, A.A.G for Respondents Nos.1 to 4.
Adnan Ejaz Sheikh for Private Respondent.
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