Shahid Jamil Khan, J. Petitioners (in captioned and connected petition; W.P.No.8049 of 2021) have challenged appointments, on various posts, by District and Sessions Judge Multan, alleging illegalities in procedure, lack of transparency and favoritism.
Directions were given, in earlier Petitions , for decision on representations, highlig hting the grievance ibid. Orders dated 21.04.2021 passed in compliance are assailed, rejecting the allegati ons and petitioners' claim for appointment.
2. Facts: briefly are that advertisement for the posts: of Junior Clerk (BS-1 1), Process Server (BS-07), Driver (BS- 05), Naib Qasid (BS-03) and Watchman (Chowkidar) (BS-03), were published on 19.01.2021 ('Dunya News') , 20.01.2021 ('The Nation') and 23.01.2021 ('Khabrain & Express Multan'). Except for the posts of Watchman (Chowkidar) , the procedure for appointment on all other posts was through written test and interviews.
The irregularities, voiced through these petitions relate to scrutiny of applications, conduct/result of written test and call for interview . The legal defect, as pointed out, is that the impugned appointments (excluding the posts of Driver) are in excess of the number of posts advertised.
3. Learned counsel for the petitioners submitted that the impugned orders, passe d on direction by this Court, are silent about the irregularities pointed out in the representation, being decided by discussing, only, merits of the petitioners' case.
Arguing on absence of transparency and irregularities; he submitted that written tests, for all the posts (excluding Chowkidar/W atchman), were conducted on 18.02.2021 and result was declared on the same date, which raised reasonable suspicion on transparency of the process. Contended that the result in written test, of the candidates for all posts, ibid, could not possibly be prepared manually and declared on same day. He informed that the result of successful candidates was in order of their serial numbers, appearing in the list of the candidates called for written test, after scrutiny of the applications. Contended; it was not practically possible that the candidates, qualifying written test, secured marks in line with their assigned serial numbers. His next contention was that successful candidates, reflecting at Sr.No.2, 20, 25, 26 and 27 never appeared in the written test but their names were shown in the list of candidates called for interviews. By referring to the number of advertised posts and appointments made, he challenged the validity of the recruitment process, contending it to be in violation of mandatory rules.
4. In response to the notice, Mr. Abdul Qayyum (Staf f Officer), Faisal Shahid (English Clerk) and Altaf Hussain Bhatti (ACOC) from the of fice of District & Sessions Judge, Multan appeared along with record.
Responding to the arguments on lack of transparency and irregularities, it was not denied that the list of candidates, declared successful in written tests, was as per their serial numbers, in the list for written tests.
However , explained that merit wise list was available, but never displayed on website. Mr. Faisal Shahid, English Clerk being part of the process, could not deny that candidates at Serial Nos.2, 20, 25, 26 and 27, were never shown in the list of successful candidates in written test, however , explained that name of the above noted candidates were included in the revised list after removing objections on their applications during initial scrutiny , which was displayed on the website on 15.02.2021. On Courts' query , he apprised that none of the lists is available now on the website. He could also not explain how, in presence of objection on application, a person could be allowed to appear in interview , and that too without reflecting his name in the list of candidates, who passed written test.
Learned counsel for the petitioners, in rebuttal, has referred to list dated 18.02.2021 (Annex-K) of successful candidates in written test, wherein name of above noted persons are not mentioned.
5. Responding to the appointments in excess of the advertised posts, it is apprised that appointment against 27 posts of Drivers (BS-05) were in accordance with the advertisement. However , it is admitted that appointments in rest of the categories are in excess of the posts, advertised in newspapers, detail of which is as under:- 34 posts of Junior Clerk (BS-1 1) were advertised, whereas appointments are made against 86 posts. 27 posts of Process Server (BS-07) were advertised, whereas appointments of 57 posts have been made. 22 posts of Naib Qasid (BS-03) were advertised, whereas appointments were made against 65 posts. 04 posts of Chowkidar (BS-03) were advertised, whereas appointments were made against 12 posts.
On Court' s query , it was explained that the posts were enhanced, during recruitment process, vide Notification dated 08.02.2021, which were included in the same process without fresh publication. The Notification is reproduced: "LAHORE HIGH COUR T, LAHORE
In exercise of powers conferred vide sub para (iii) of the Government of the Punjab, Finance Department' s Notification No.Judl-1-X (Home)/89, dated 8.10.1995, the Hon'ble Chief Justice has been pleased to accord sanction to the creation of following 100 new posts in respect of Sessions & Civil Courts, Multan as per details given below , with immediate effect.
Sessions Courts:- Sr. No. Description BPS No. of Posts.
1. Junior Clerk 11 34
2. Watchman 03 08
3. Naib Qasid 03 28 Total 70 Civil Courts:- Sr. No. Description BPS No. of Posts.
1. Process Server 07 30 Total 30
2. The expenditure involved will be met out of the existing budget grant under function No.PC2101 1- Administration of Justice-031 101-Courts/Justice-LQ41 14-Sessions -Court-MN4013-S ession Court Multan & LQ41 15-Civil Court- MN4015-Civil Court, Multan for the current financial year , 2020-21.
(ATA UR REHMAN) Deputy Registrar (P&B) for Registrar
6. Respondents were confronted to show any direction or instruction, in the Notification or otherwise, from Lahore High Court to include the enhanced posts in the same process, but they failed. Learned AAG, assisted by the Staff Officer and others were asked to assist, by referring to any rule or law, which permits for appointments against enhanced posts in the recruitment process already initiated, without fresh advertisement, they could not refer to any provision.
On Court' s query , learned AAG submits that recruitments are made under Recruitment Policy , 2004 dated 17.09.2004 ("Policy of 2004"). In support, he has read instructions letter dated 27.07.201 1, issued by the Additional Registrar (G&S), Lahore High Court, Lahore, which made Policy of 2004 applicable for appointment in Lower Judiciary from BS-01 to BS-16.
7. Arguments heard; perusal of the record and statements from respondents' side leaves no doubt that the process of appointments in question was not transparent and full of irregularities.
Transparency is a condition of seeing through, like from glass, into the process of recruitment. It stems from Article 19A of the Constitution of the Islamic Republic of Pakistan, 1973 ("the Constitution) , which ensures fundamental right of "access to information in all matters of public importance." Transparency is a tool; not only for ensuring but for showing that the procedure adopted is unbiased, provides equality of status and opportunity to each eligible candidate, for achieving the goal of recruiting the most suitable person. As the famous aphorism of Lord Hewart goes, "justice should not only be done, but should manifestly and undoubtedly be seen to be done." The philosophy underlying manifestation and transparency is to maintain confidence of general public in the system.
Selection and appointment of "Right person for right job" is the bedrock of 'Social Justice'. As preamble of the Constitution, reveals that vision of Quaid-e-Azam Mohammad Ali Jinnah was 'a democratic State based on Islamic Principles of Social Justice' . It envisions to guarantee fundamental right including equality of opportunity .
And when it comes to an institution like judiciary , the standards of transparency , to ensure fairness through unbiased treatment for all candidates should be unmatched and unflinching.
8. The respondent No.1(District & Sessio ns Judge Multan); being Appointing Autho rity under The Punjab Civil and Sessions Court Establishment (Miscellaneous Post) Service Rules, 2005 ("Rules of 2005") , is the highest Judicial Officer of the district, bestowed with duty to recruit against the posts in machinery of judicial system. He was bound to follow and apply , stringently , the instructions given by Lahore High Court through Notification dated 27th of July, 2011, which is reproduced: "LAHORE HIGH COUR T, LAHORE No.17540/6-E/VII.A.27 From Atta-ur-Rehman Additional Registrar (G&S), Lahore High Court, Lahore.
To The District and Sessions Judges, In Punjab, except Islamabad.
Dated Lahore, the 27 day of July , 201 1.
Subject: RECRUITMENT OF ST AFF.
Dear Sir , I am directed to refer to the subject cited above and to say that the Competent Authority has directed to circulate a booklet (as enclosed herewith), well indexed comprising of Recruitment Policy 2004, copies of letters regarding observance of certain quotas in vacanci es to be filled in and copies of necessary directions/notifications/letters issued by Government of the Punjab as well as of this Court on the subject to be taken into account of recruitments of staf f in every Sessions Division in Punjab , except Islamabad, while also directing you as under :-
1. Henceforth the Recruitment Policy 2004 will be followed out, in lower judiciary , while making fresh selections for the posts in BS-01 to BS-16.
2. The applications to be considered under Rule 17-A of the A&CS Rules 1974 will be disposed of separately before the general recruitments, against available vacancies and shall not be made a part of general recruitments.
3. Hence forth, the Reference for seeking approval to the selections for different categories of posts shall not be sent to this court in combined form rather the references regarding each category of posts shall be made received in this court, segregatedly .
4. Directions/instructions of Government of the Punjab as well as of this Court shall be complied with in letter & spirit and for deviations/evasions , to the instructions of Government of the Punjab as well as of this Court, in addition to the learned members of recruitment Committee, Superintendent of respective learned District and Sessions Judge and COC of the respective Senior Civil Judge as the case may be shall also be held responsible .
5. To consider the district of domicile of a candidate, permanent address shown in his CNIC, shall be taken as a yardstick for the purpose.
6. All the recruitment records (only duplicate copies) properly indexed, shall be sent to this Court through special messengers, except the papers and applications of candidates which will be made received in this Court in the shape of small sized bundles, having serial wise specific number of the same, duly mentioned in the index attached, alongwith main reference.
Yours faithfully , (Atta-ur-Rehman)
Additional Registrar(G&S)"
Recruitment Policy , 2004, issued by Government of the Punjab on 17.09.2004 , was directed to be followed, besides implementing instructions and letters (part of the Booklet). The clause (4) renders compliance of the directions, under the Notification, as mandatory , because consequence of any deviation is fixation of responsibility , followed by an action. Needless to say, that any deviation from the mandatory direction, instruction including Recruitment Policy 2004, would go to the roots of the recruitment process in question.
9. The Recruitment Policy of 2004, under the heading LEGAL POSITION , refers to various provisions of law, relevant for recruitments, and its clause (v) mentions Rule 17 of The Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 ("Rules of 1974") to ensure that initial recruitments, against all posts in BS-1 and above, are made on merits (after examination or test). The Policy , under the head MERIT BASED RECRUITMENT , requires advertisement of All Posts and recruitment strictly on merits . The head STEPS OF RECRUITMENT PROCESS , reiterates that recruitment should be strictly on the basis of merit/selection criteria and ensures that "recruitment is made against clear-cut vacancies" . The Rule 17 and excerpts from the Policy of 2004 are reproduced for facility:- "Rule 17. Initial appointments to all posts in Grade I and above except those filled under rule 16, shall be made on the basis of examination or test to be held by the appropriate Committee or the Board, as the case may be, after advertisement of the vacancies in newspapers , or in the manner to be determined by the Government."
"4. LEGAL POSITION v). Rule 17 of the Punjab Civil Servants (Appointmen t and Conditions of Service) Rules, 1974 requires that initial recruitment against all posts in BS-1 and above shall be made on merit after advertisement of vacancies in newspapers."
"8. MERIT BASED RECRUITMENT a) All posts shall be advertised properly in at least two leading newspapers , as per rules. b) No relaxation of qualification, experien ce, physical criteria etc. as provided in the relevant service rules shall be allowed, except as prescribed under the rules. c) The relevant Selection Committees shall ensure that recruitments are made strictly on merit and in accordance with the rules, selection criteria and other provisions of this policy .
13. STEPS OF RECRUITMENT PROCESS i) Administrative Secretary and the Appoi nting Authority shall periodically update the detail of available vacancies, especially prior to recruitment and ensure that recruitment is made against clear-cut vacancies , after accounting for vacancies occurring due to leave deputation etc. ii) Before advertising the posts , it shall be ensured that there is no bar on recruitment and recruitments shall be made only against posts for which specific approval has been granted either under the Recruitment Policy or by the Chief Minister . iii) Appointing Authority shall advertise the posts in at least two national dailies indicating the qualification, etc. as prescribed in the Service Rules of the post. iv) At least 15 days' time, from the date of advertisement, shall be given for submission of applications. v) After detailed scrutiny of the applications , the eligible candidates shall be issued call letters for test/interview , as the case may be. vi) The relevant Selection Committee shall conduct test/interview and recommend suitable candidates for appointment, strictly on the basis of merit/selection criteria , to the appointing authority . vii) The Appointing Authority , shall issue offer of appointments to the candidates recommended by the Selection Committee, clearly indicating the terms and conditions of such appointment. viii) The terms and conditions of contract appointment must be prepared as per provisions of Contract Appointment Policy and got approved from Finance Department before issuing of fers of appointment. ix) Appointing Authority shall issue appointment/posting orders after the acceptance of offer and after ensuring that all the codal formalities have been fulfilled. x) All the candidates shall be required to produce National Identity Card, domicile certificate and transcripts of qualifications, in original, at the time of interview . xi) The Selection Committee shall ensure that the certificates/degrees of candidates are genuine and have been obtained from recognized institutions."
[emphasis supplied] Besides Notification dated 27.07.201 1, by High Court, usage of words like strictly and shall, in the Policy of 2004, make implementation of the selection criteria mandatory i.e., advertisement of all and clear -cut vacancies followed by written test and call for interview in fair and transparent manner .
10. Admittedly , the posts enhanced through Notification dated 18.02.2021, were included in the recruitment process, without being advertised, therefore, mandatory requirements of advertising 'All Post' and 'Clear -cut Vacancies' are not met. This deficiency has rendered the whole recruitment process, except 27 posts of drivers, as illegal and it is held accordingly . The decision of declaring the whole process illegal is fortified by the law laid down by August Supreme Court of Pakistan.
In Mst. Nusrat Fatima and others v. Deputy Director (Admn.) Directorate of Elementary Education and others (2005 SCMR 955), leave to appeal was refused against Service Tribunal' s decision, by upholding its findings; "A. ...The Tribunal found from the record that no advertisement had been made to the press inviting applications for the posts and that the letters of the appointment had been issued by the District Education Officer from their residence and not by the Deputy District Education Of ficer. ..."
In Muhammad Sadiq and another v. Fede ral Service Tribunal, Islamabad and others 2003 PLC (C.S.) 1029 , the rule requiring advertisement of the post was declared mandatory and the appointments were declared illegal, despite a favorable opinion by the Law Division and the practice of departing from the rule for recruitments was deprecated as under:-
7. The appointments of the petitioners undeniably were made in departure to the method for appointment prescribed under Rule 11 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. Under the above rules, the post is necessarily to be advertised in the newspaper before initiating the process of selection departure from this mandatory rule would render the appointment invalid and the defect is not automatically cured with the lapse of time. Learned counsel submitted that the appointment of Malik Azhar Mahmood, Stenotypist in identical manner , was subsequently regularized and the present petitioners despite the opinion of the Law. Division in their favour , were discriminated. We are afraid, the opinion of the Law Division would not cure the illegality in the appointments made in violation of rules and the same cannot be approved and allowed to be perpetuated on the basis of a favourable opinion of Law Division . The act of making of the appointments in departure to the rules amounts to defeat the equal right of employment on merits, therefore, the appointments obtained by the petitioners would not create any right in their favour for regulariza tion. The mere passage of time would not be a ground to allow the rectification of irregularity on the ground that the appointees should not suffer for the fault of concerned authorities. It is sad that the public functionaries through misuse of their powers without observing the rules make appointments to oblige their favourites and deprive the deserving persons from their legitimate right of service. We may observe that a holder of public office by misusing his authority in breach of law and public trust, is guilty of misconduct. The Government while taking notice, of such regularities should take appropriate action against the concerned authorities under the Government Servants (Efficiency and Discipline)
Rules, 1973 to ensure the transparency in the appointments and to eradicate the element of favouritism and nepotism for advancement of policy of merits and fairness.
8. We having heard the learned counsel for the parties, find no substance in these petitions and while upholding the judgment of the Tribunal dismiss these petitions with the observation that the posts against which the petitioners were appointed shall not be filled without following the prescribed method provided under the rules and the petitioners shall also be entitled for appointment subject to their eligibility and merit. Leave is refused.
[emphasis supplied] In Abdul Waheed and another v. Secretary , Ministry of Culture, Sports, Tourism and Youth Affairs, Islamabad and another (2002 SCMR 769), appointments by an Officiating Director , working temporarily as Competent Authority , were challenged. Though this objection was found without substance, nevertheless, the appointments were declared illegal for not following the prescribed procedure. Relevant part from the judgment is reproduced; "We have considered the contentions raised by the learned counsel and found that same are without any substance. We may observe that despite there being no specific bar for exercise of powers of Competent Authority by an Officiating Director , still he would not be supposed to exercise such powers of appointment/promotion of the employees without the proper sanction and allocation of budget besides obser ving the prescribed procedures including 'advertisement of the posts in the newspaper . The appointments made by the Officiating Director without following the prescribed procedure would not be legal and consequently the petitioners would neither have any right to hold such posts nor were entitled to the salaries and other benefits attached with the said posts . The Tribunal having considered all aspects of the matter and the pleas taken on behalf of the petitioners in the appeals, held that the orders of appointments/promotion of the petitioners were illegal and void ab initio. The learned counsel for the petitioners has not been able to convince us that the view taken by the Tribunal was violative of any law to be interfered by this Court. In any case, the submissions made by the learned counsel have no substance and further these petitions do not involve any question of public importance. The same are, therefore, dismissed and leave is refused."
[emphasis supplied]
11. The law laid down by the Apex Court also justifies to declare the appointments against the post of Drivers illegal as well, because observance of the recruitment criteria under the Notification dated 27th of July, 2011 and the Policy of 2004 is lacking.
It is admitted by respondents, during proceedings, that written tests were conducted and result was declared on the same day, without showing fairness or transparency from the record. List of the successful candidates was defective, for not being displayed, physically or electronically , as per the prescribed procedure. The candidates, shown as successful at Sr.No.2, 20, 25, 26 and 27, admittedly were not declared successful in the written test but their names were reflecting in the list of candidates called for interviews.
For the reasons noted above, the whole process of recruitment and consequent appointments, including the posts of Drivers, are declared illegal, with a direction to initiate fresh process, with approval of the High Court, after advertising all clear-cut vacancies, strictly in accordance with the rules and law .
12. There is another departure from the directions No. 3 and 6 of the Notification dated 27th of July, 2011, by the High Court; which are reproduced, again, for facility;
3. Hence forth, the Reference for seeking approval to the selections for different categories of posts shall not be sent to this court in combined form rather the references regarding each category of posts shall be made received in this court, segregatedly .
7. All the recruitment records (only duplicate copies) properly indexed, shall be sent to this Court through special messengers, except the papers and applications of candidates which will be made received in this Court in the shape of small sized bundles, having serial wise specific number of the same, duly mentioned in the index attached, alongwith main reference.
[emphasis supplied] It was necessary to seek approval of the process of recruitment, before issuance of appointment letters and record of all the recruitments was to be sent to the High Court.
On an information, sought from Senior Additional Registrar (Services) of Lahore High Court, it is informed that this requirement was dispensed with through Notification dated 19.06.2014, which is reproduced: "LAHORE HIGH COUR T, LAHORE No.33/RHC Dated: 19.06.2014 From The Registrar , Lahore High Court, Lahore.
To
(i) All the District & Sessions Judges in the Punjab.
(ii) All the Senior Civil Judges in the Punjab.
Subject: POLICY ABOUT RECRUITMENT .
Dear Sir , I have been directed to refer to above subject and to circulate that the Hon'ble Competent Authority has taken a serious notice of unnecessary delays and general complaints regarding recrui tment process of the staff of lower Courts Establishment. It has been reiterated by the Hon'ble Authority that the District & Sessions Judges and Senior Civil Judges being Competent Authority to recruit the staff under relevant Policy/Rules are also competent to take disciplinary actions under E&D Rules 1999, therefore, prior approval of advertisement alongwith recruitment criteria followed by approval of recommendations of Selection Committees from this Court is anomalous and uncalled for .
2. In view of above, the circular letter No.509/RHC dated 17.07.2008 is hereby withdrawn and the recruitments for Lower Courts Establishments shall no longer require prior approval of this Court . Likewise, the recommendations of Selection Committees alongwith relevant record of recruitment process shall not be submitted in future for approval to this Court.
3. Consequently , the recommendations for recruitments yet to be considered by this Court, shall be returned to the relevant quarters for their final disposal under Recruitment Policy , 2004, Civil & Sessions Courts Establishment (Misc.Posts) Service Rules, 2005 and other relevant SORs issued from time to time.
(MAHBOOB QADIR SHAH) REGISTRAR"
It is important to note that through this Notification, Circular letter No.509/RHC dated 17.07.2008 was withdrawn, without making any amendment in the Notification dated 27th of July, 2011, which, in this Court' s opinion, still holds the field and non-compliance of it, renders all the appointments as illegal. For this departure alone, the appointment letters issued without approval of the High Court are nullity in eye of law, being against the spirit of Article 208 of the Constitution.
13. Under Article 208 of the Constitution, Lahore High Court is empowered to make rules providing for the appointments of the officers and servants of the Court including their terms and conditions of the employment.
Supervision and control of all the Courts, subordinate to it, is given by the Article 203. Both the Articles are reproduced:- "203. High Court to superintend subordinate Courts.
Each High Court shall supervise and control all courts subordinate to it."
"208. Officers and servants of Courts.
The Supreme Court [and the Federal Shariat Court], with the approval of the President and a High Court , with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment."
[emphasis supplied] The supervision and control of the Courts subordinate to the High Court, as ordained in the Article 203, could not be abdicated, through Notification dated 19.06.2014. The Notification dated 27th of July, 2011 appears to be in accordance with Articles 203 and 208 of the Constitution, which delegates the power for recruitment of staff in every Sessions Division in Punjab with directions, instructions and rules to be followed. The observation, in Notification dated 19.06.2014, that 'District and Sessions Judges and Senior Civil Judges are Competent Authority to recruit the ministerial staff', seems to have emanated from the Notification dated 19th of September , 2005, whereby , Rules of 2005 are made, opening part of which is reproduced for a quick reference:- "GOVERNMENT OF THE PUNJAB SER VICES AND GENERAL ADMINISTRA TION DEP ARTMENT .
(REGULA TIONS WING)
Dated Lahore the 19th September , 2005 NOTIFICA TION No. SOR-III(S&GAD)1-10/93 In exercise of the powers conferred upon him under Section-23 of the Punjab Civil Servants Act,1974 (VIII of 1974), the Governor of the Punjab is pleased to make the following rules:-
1. Short title and commencement:-
(i) These rules may be called, 'The Punjab Civil and Sessions Courts Establishment (Miscellaneous Posts) Service Rules, 2005..."
[emphasis supplied] These Rules have declared the District and Sessions Judge and Senior Civil Judge as Competent Authority . The power for issuance of this Notification, is derived from Section 23 of The Punjab Civil Servants Act, 1974 ("Act of 1974") , which is in conflict with unambiguous command in Article 208 of the Constitution; envisaging framing of Rules by High Court with approval of the Governor concerned. The underlined part of the Rules of 2005, has to be read down for bringing it within competence, under the Article 208 i.e. on recommendation by the Lahore High Court, the Governor has approved the Rules. The Rule, so read down, has appointed the Competent Authority , through delegation without abdicating the control and supervision of the High Court, as ordained by the Article 203.
14.The use of phrase "Competent Authority" for Lahore High Court, in various Notifications and Circulars, does not commensurate with Articles 192 (1) and 202 of the Constitution, which are reproduced hereunder:- "192. Constitution of High Court.
(1) A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President."
"202. Rules of procedure.
Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate to it."
[emphasis supplied] The High Court, as defined under Article 192 of the Constitution, consists of a Chief Justice and Judges of the High Court. The High Court have delegated "powers for administrative and executive work" to the Chief Justice and Administrative Committee, as are mentioned in Chapter-10 Volume V of the Rules and Orders of Lahore High Court, Lahore ("the Rules & Orders") . Rules 1 to 4 deal with the Constitution and powers of Administrative Committee, which is to control adminis trative and executive work of the High Court. The proviso to Rule 1, excludes only the matters, which are exclusive concern of the Chief Justice, i.e. 'constitution of Benches' and 'appointment and control of the High Court Establishment' . Rule 5 enlists the matters, upon which meeting of all the Judges (Full Court) is required to be called invariably . Sub-rule (i) of Rule 5 requires a meeting of all Judges on matters involving "questions of principle and policy", sub-rule (ii) ensures convening of Full Court meeting for matters relating to "amendments in existing laws or to statutory rules".
15. For what has been discussed, this and connected petition (W.P.No.8049 of 2021) are allowed with following declaration and directions:- i). The process of recruitment for all the posts, in question and consequent appointments are declared illegal, having no ef fect. ii). For fixation of responsibility and consequent action against the responsibles, who committed illegalities and irregularities, ibid, the Registrar , Lahore High Court, Lahore is directed to place the matter before the Administrative Committee for consideration to appoint an Inquiry Committee. iii). Since Notification dated 27th of July, 2011, by the High Court, is declared to holds the field, therefore, the Registrar of this Court is directed to place record of appointments in all the Districts of the Punjab by respective District and Sessions Judges and by Senior Civil Judges, before the Administrative Committee for approval, in terms of Clause (1) and (6) of the Notification. iv). The Registrar shall also place the Rules, Regulations and Laws, relevant for recruitment of ministerial staff in subordinate Courts, before the Administrative Committee, for their consideration to bring them in harmony with Articles 192(1), 202, 203 and 208 of the Constitution.
Petitions are allowed .