Nabeel Mustafa VS M/o Foreign Affairs

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

JUDICIAL DEPARTMENT

W.P.No.3931 of 2021 Nabeel Mustafa Versus Ministry of Foreign Affairs, Government of Pakistan and others S. No. of order Date of order/ Order with signature of Judge and that of parties or counsel / proceedings Proceedings where necessary. 05.11.2021 Mr. Muhammad Ramzan Khan, advocate for the petitioner.

Through the instant writ petition, the petitioner, Nabeel Mustafa, impugns the advertisement dated 24.10.2021 published by the Ministry of Foreign Affairs, Government of Pakistan, whereby applications were invited from suitable candidates for recruitment in the said Ministry against different posts including posts of Naib Qasid (BPS-01). The said advertisement also sets out the province-wise quota in accordance with which the recruitment is to be done. The petitioner is aggrieved only to the extent of the advertisement not providing a quota for the Islamabad Capital Territory for the post of Naib Qasid (BPS-01).

2.Learned counsel for the petitioner drew the attention of the Court to Rule 16 of the Civil Servants (Appointment, Promotion and Transfer), Rules 1973 (“A.P.T. Rules”) and submitted that the said Rule requires vacancies in posts in BPS-01, BPS-02 and equivalent to be ordinarily filled on local basis. He contends that the impugned advertisement does not provide the quota for appointment to the post of Naib Qasid (BPS-01) on local basis i.e. for candidates residing in the Islamabad Capital Territory. Learned counsel for the petitioner prayed for the impugned advertisement to be set aside to the said extent.

3.I have heard the contentions of the learned counsel for the petitioner and have perused the record with his able assistance.

4.As per the advertisement dated 24.10.2021, there are 34 posts of Naib Qasid (BPS-01) which are to be filled through the recruitment process. Out of the 34 seats, there is a quota of 17 seats for the

Province of Punjab whereas the remaining seats are to be filled on merit and through quota for the other Provinces and Azad Jammu and Kashmir.

5.Now, Rule 16 of the A.P.T. Rules provides that “vacancies and posts in basic pay scales 1 and 2 and equivalent shall ordinarily be filled on local basis”. It is my view that employment of the word “ordinarily” in the said Rules makes it clear that the requirement to fill vacancies of posts in basic pay scales 1 and 2 and equivalent on local basis is not mandatory but directory. In holding so, reliance is placed on the judgment reported Hassan Usman Vs. P.F. Pipes Limited (2003 YLR 1075.), wherein the Hon'ble Lahore High Court interpreted the word ordinarily used in the first proviso to Order 1 Rule 8 C.P.C. to be directory.

6.Even otherwise, vide notification dated 19.08.2020 issued by the Establishment Division Rule 14 of the A.P.T. Rules was amended to provide for appointments to be made on the basis of provincial quota. As per the said Rule, 50% quota was reserved for applicants from the Province of Punjab. The said Rule makes it clear that Punjab was also to include the Federal Area of Islamabad. Therefore, a fortiori the 17 posts of Naib Qasid (BPS-01) reserved for appointment from the Province of Punjab would also include the Federal Area of Islamabad. Since the impugned advertisement is in consonance with Rule 14 of the A.P.T. Rules as amended by the the notification dated 19.08.2020, I do not find any merit in this petition which is accordingly dismissed in limine.

(MIANGUL HASSAN AURANGZEB)

JUDGE

Sultan*