ABDUL HAMEED BALOCH, J. This judgment disposes of Constitutional Petition No. 1542 of 2018, whereby the petitioners prayed as under; i) To declare that the petitioners have qualified for the vacant posts of Stenographers (B-14) and Junior Clerk (B-11) in Religious Affairs and Inter-Faith Harmony Department Government of Balochistan. ii) To declare that the petitioners being successful candidates are entitled for their appointment orders. iii) to declare that the respondents have no authority to deprive the petitioners from their fundamental rights of not issuing their appointment order . iv) Directing the respondents to issue appointment orders of the petitioners against the vacant posts for which they had already qualified. v) Permanently restraining the respondents from appointing any other candidate, re-advertising and conducting fresh test/interview . vi) Any other relief, which may deem fit and proper in the circumstances of the case may also be awarded. vii) Cost of the petition may be awarded.
2. Brief facts of the case are that the Religious Affairs and Inter-Faith Harmony Department through Advertisement in daily `Mashriq' Quetta on 19.03.2018 invited applications for vacant posts of different categories from eligible candidates of different districts of the province; that the petitioners pursuant to the said advertisement also applied for the post of Stenographer/Junior Clerk and appeared in the test and interview; that after the test and interview the departmental Selection/Recruitment committee vide Minutes dated 03.08.2018 recommended the petitioners to be appointed, but prior to issuance of their appointment orders, ban was imposed by the Chief Minister vide letter dated 20.08.2018, issued by the respondent No.2.; that subsequently the ban was lifted and the departments were asked to complete the process of recruitment vide letter dated 07.12.2018; that the process of appointments were completed in all respects and the petitioners were recommended for appointments, as such, there was no occasion with the respondent No.1 to issue a letter to the respondent No.2 by making the following query: "4. As few candidates crossed the age limit and avoid the court case, in view of the above narrated facts this department may please to advise whether we issue the appointment order in respect of successful candidates or re-advertised the vacant posts."
That on the strength of test/interviews conducted by the departmental/selection committee, appointments letters were issued in favour of some of the candidates, particularly Naib Qasid and Chowkidar, whereas the petitioners are still waiting for their appointment orders; that ban was imposed in respect of the cases where process of appointment was not completed, while the petitioners were required to be appointed in view of the fact that process of appointment was completed. The petitioners being aggrieved have invoked the jurisdiction of this court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
3. We have heard the learned counsel for the parties at reasonable length, perused the documents appended with memo of petition as well as the reply submitted by the official respondents. The perusal of record reveals that the petitioners appeared in the test and interview and qualified for the aforementioned posts. The departmental/selection committee recommended the names of qualified candidate s for the posts of stenographer BPS-14 and Junior Clerk BPS-1 1 vide minutes dated 3.8.2018, meanwhile the Deputy Secretary (Services-I)
S&GAD, vide letter bearing No. S-VIII-2(1) Gen:/2018-S&GAD, issued circular to all the Secretaries/Head of attached Department, Government of Baluchistan to stop the incomplete process of recruitments. Thereafter the S&GAD Department vide letter No. S.O(R-I)5(35)3/S&GAD-2018/2730-2829 dated 7th December, 2018, directed all the departments to advertise the vacant posts, whereupon the respondent No.1 vide letter No. SO (Estt:)1- 3/PZA/6715, dated 11th December, 2018 advised the Secretary S&GAD for appointment of the successful candidates for the post of Stenographers and junior clerks. The Minutes dated 3.8.2018 and letter dated 11th December, 2018 manifest that the petitioners have succeeded in the test and interview but the respondents without any plausible reasons did not issue the appointment orders of the petitioners, which act on the part of the respondents amounts to violation of Articles 4 and 5 of the Constitution of Islamic Republic of Pakistan. As per Article 4 of the Constitution every citizen has right to be treated in accordance with law. The public functionary is bound to act within the four corners of the Constitution as the same being superior law of the country is binding on every organ of the country .
Thus, in view of above, petition is allow ed. The respondents are directed to issue appointment orders of the petitioners being qualified candidates.