Athar Minallah, C.J. The petitioner who is a businessman has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 seeking a writ of quo warranto. The petitioner has challenged notification, dated 30-03-2021, whereby respondent no.1 has been appointed against the post of Director General, Pakistan Sports Board.
2. The learned counsel for the petitioner has argued that the appointment of respondent no.1 has been made in violation of the Pakistan Sports Board Rules, 1981 (hereinafter referred to as the 'Rules of 1981' ). The mode, criteria or conditions regarding appointment of a Director General are not prescribed under the Rules of 1981.
The Board of Pakistan Sports Board has made the Director General, Pakistan Sports Board (Appointment)
Rules, 2020 (hereinafter referred to as the 'Rules of 2020'). The said rules were notified in the official gazette on 02-12-2020. The mode of appointment of a person against the post of Director General has been described under the Rules of 2020. The conditions for appointment have been prescribed under rule 3 while eligibility criteria has been described in the table of the Rules of 2020. The Rules of 2020 had repealed the Pakistan Sports Board Service Rules, 2000. In a nutshell the Rules of 2020, which have been validly made by the Board pursuant to powers conferred under section 5 of Sports (Development and Control) Ordinance, 1962 (hereinafter referred to as the 'Ordinance of 1962') govern the appointment of the Director General.
3. It is noted that the Pakistan Sports Board has been established under the Ordinance of 1962. Section 3 empowers the Federal Government to constitute one or more boards for the control of sports in Pakistan. Section 4 empowers the Federal Government to determine the functions and powers of the Board. Section 5 explicitly provides that the exclusive power to make rules for development and control of sports throughout Pakistan shall vest in the Board. The Board is empowered to make rules and regulations for carrying into ef fect its object.
4. The learned counsel, despite his able assistance, was not able to satisfy this Court that the Rules of 2020 have been framed in violation of the Ordinance of 1962. Moreover, the mode of appointment of a person against the post of Director General of Pakistan Sports Board has not been provided under the Rules of 1981. Through the Rules of 1981, the Federal Government determined the functions of the Board and the Executive Committee.
The Rules of 1981 are not in conflict with the Ordinance of 1962. However, for the purposes of prescribing the mode, criteria and conditions for appointment of a person against the post of Director General, the Board in exercise of its exclusive powers conferred under section 5 of the Ordinance of 1962 has framed the Rules of 2020. The Rules of 2020 are not in conflict with either the Rules of 1981 or the Ordinance of 1962. The comments filed on behalf of the respondents have been carefully perused. The appointment of respondent no.1 was made in conformity with the Rules of 2020 and, therefore, it does not require interference by this Court while exercising jurisdiction under Article 199 of the Constitution.
5. For the above reasons, this petition is without merit and is, therefore, accordingly dismissed.