' DR. SAJID QURESHI, J. The petitioner is a patron member of Pakistan Boy Scouts Association (PBSA), which was established under the Pakistan Boy Scouts Ordinance, 1959, and has contended that appointments of respondents Nos.3 and 4 have been made in violation of P.O.R., 1993 and the Minutes of 61st National Council Meetings dated 12th of November, 2006. That he believes the illegal appointments have adversely affected the interests of other members of National Council of
(PBSA) including the petitioner.
2. The learned counsel for the petitioner argued that the respondent No,4 has been terminated from the position of Director Training and Program, Pakistan Boy Scouts Association, therefore, he no longer wishes to be part of this case and withdraws his name.
3. The said counsel reiterated that the respondent No,3 was appointed by the respondent No,2 as Secretary in BPS-19 vide Notification No, PBSA/525-2/Recruitment/843, dated 12th of April, 2007.
4. That in accordance with the said rules and Minutes dated 12th of November, 2006 (61st National Council Meeting), an advertisement for the position of Secretary was a requirement, which was not done so. If the advertisement was published; the petitioner would have applied for this post, since it was not published, the petitioner could not make any application which could be considered and the alternative was but to file a writ petition in this Court. Upon noting that a new Secretary (National) had been selected and appointed, the learned counsel served a legal notice to the respondent No,2 for withdrawal of notice dated 12-4-2007 (which inter alia, appointed Lt.-Col. Hashmat Abbas (Retd.) as Secretary (BPS-19) for a period of three years w.e.f, 12th of April, 2007), but no response has been given by the respondent so far.
5. The learned counsel for the respondent No,1 stated that the writ is not maintainable since (PBSA) has its own Rules namely P:O.R., 1993.
6. The learned counsel for the respondents Nos.2 and 3 contends that the matter is of internal affairs of the (PBSA) which is non-Government organization and that respondent No,1 or any department or its authority, has no concern whether directly or indirectly with the affairs of this Association. He further contends that the Association is a corporate body, not under control by any Government Department. That on 4th of October, 2007 in the 62nd National Council Meetings, the minutes reflect that the Selections Committee interviewed various candidates for the post of Secretary for (PBSA) and recommended the name of Col. Lt. (R.) Hashmat Abbas for the said post.
The said meeting was chaired by the Chief Commissioner, (PBSA). Lt.-Gen. (R.) Javed A shraf. The Chief Commissioner expressed his satisfaction of the working of the new Secretary (PBSA) during the past six months and praised his performance, administrative ability, financial management and senses of dedication and commitment of duty.
7. The learned counsel further pointed out the approval of the appointment of Secretary was minute as Agenda Items No,5 and the name of Col. Lft. (R.) Hashmat Abbas was proposed, which was seconded by several Senior officials of (PBSA). The National Council unanimously approved the appointment of respondent No,3 as Secretary on contract basis for three years. The Chief Commissioner had recommended the name to the Council subject to the approval of the Chief Scout (The President of Pakistan). The Chief Scout approved the contract and appointment of the respondent No,3 as Secretary (PBSA) for three years w.e.f, 17th of April, 2007 in accordance with Rule 35 of P.O.R., 1993. Further in the said minutes, which were forwarded to the Chief Commissioner for approval of appointment of respondent No,3, it transpired that the respondent No,3 was selected because of the fact that there was no alternative suitable persons available because some candidates had no experience, hence, could not be considered for the post of secretary; some of them were in Grade-17 and it was difficult to promote them directly to Grade-19, so the Selection Committee decided to hunt from an experienced person, who had vast administrative, financial management experience and instructional ability, which was so essential for the post of secretary.
The Committee finally recommended the respondent No,3 as secretary on contract basis. Since he was the best person available.
8. Arguments heard. Documents perused.
9. From the P.O.R., 1993, the Association is body corporate not controlled by any Government Department and is a non-political Association. The Pakistan Boy Scouts Association Ordinance, 1959 under section 3, of Pakistan Boy Scouts Association Rules, 1992 were made. The matter for appointment of secretary is clearly laid down in the Rule namely 35 "There shall be a Secretary appointed by the National Council on the recommendation of the Chief Commissioner and subject to the approval of the Chief Scout of Pakistan (The President of Pakistan). Further the minutes of 62nd National Council Meeting dated 4th October, have clearly approved the name of the respondent No,3 as a Secretary and that due process has taken place for the selection of the candidate.
9-A. Upon examination of the (PBSA), Service Rules,1 995, a provision is available for appeal/representation under Rule 14 "an employee aggrieved by any order may within 30 days of communication to him of such order, make an appeal/representation against it to the authority as indicated in the ... These rules".
10. The petitioner is not an aggrieved person nor an aggrieved party in this matter and even if he was affected, he had the right to make representation/appeal by invoking a domestic remedy, which he failed to do. The respondents had followed the P.O.R., 1993 which is reflected in the 4th October, 2007 minutes and therefore, no illegal and unlawful appointment has taken place.
11. In view of the above, the writ petition is dismissed. No order as to costs.