This Intra Court Appeal under Section 3(2) of the Law Reforms Ordinance, 1972 has been filed impugning the order dated 28.11.2022, passed by the learned Single Judge.
2. The appellant/Advocate-in-person, statedly a President of Civil Society Network, Pakistan (being a private person) challenges the appointment of Ms. Sarah Ahmad/respondent No.7, as non- official Member and Chairperson, Board of Governors, Child Protection and Welfare Bureau, Punjab for a period of four years, under the Punjab Destitute and Neglected Children Act, 2004 vide Notification bearing No. SO (DEV) CPWB/5-02/2019, 07.02.2019, issued by the Additional Chief Secretary (Home), Government of the Punjab, under the orders of Governor of the Punjab, through Writ Petition No.76836 of 2019, on the ground of procedural violations committed by respondent No.1 including non-publication of advertisement prior to making such an appointment, which was dismissed by the learned Single Judge, vide order dated 28.11.2022 with the following observations:- - "......Record depicts that the Chairperson/Respondent No.7 fulfilled and met both the conditions of appointment. Respondent No.7 holds the Master's Degree which has been verified by the official-Respondents and also has the required experience in the related field. A certificate dated 26.11.2021 was produced by learned Law Officer in compliance with earlier Orders passed by this Court to demonstrate that the experience cited by Respondent No.7 in her resume at the time of appointment with respect to her related work particularly with respect to NGO "Show You Care" has also been verified...).
3. It is contended by the appellant that while passing the impugned order learned Single Judge did not take into account that the impugned Notification is liable to be set aside not only it being unconstitutional but also against provisions of the Punjab Destitute and Neglected Children Act, 2004 (the "Act"); that it was also ignored that Section 6 subsection (2) of the Act made it crystal clear that a person could not be appointed as a Non-Official-Member unless he/she holds a Master's degree or equivalent or a higher degree plus having five years experience at least, in the relevant field; that the learned Single Judge also did not take note of the fact that the Board of Governors is only competent to nominate its Chairperson; even otherwise, the Board constituted under Section 6(1) of the Act was coram non judice due to missing of one of its members and appointment of respondent No.7 made in such a state of affairs is a sheer violation of law and rules on the subject on which score only the impugned Notification dated 02.07.2019 is liable to be set aside with the direction to the illegal appointee to immediately stop her working as a Chairperson.
4. On the other hand, learned counsel for respondent No.7 rebuts the contention raised by the appellant. Adds that while appointing respondent No.7 all the codal formalities were fulfilled. As far education and experience of said respondent is concerned, it has already been made clear and got verified by the concerned authority that not only she possesses a Master's degree in Business Administration (Marketing) but also is equipped with the requisite experience in terms of Section 6(2) of the Act. To support his contention adds that respondent No.7 has also internationally been recognized for her services regarding protection and healing child dignity. Lastly, tenders Notification bearing No.SO(DEV)CPWB/5-212019(P) dated 12.01.2023 in order to show that respondent No.7 has been appointed afresh after fulfilling all the codal formalities, therefore, the previous notification being not in field now becomes infructuous. Prays for dismissal of this appeal.
5. Heard. Record perused.
6. Before discussing the maintainability, merits of this appeal or locus standi of the appellant, we would like to have a glance at Section 5 of the Punjab Destitute and Neglected Children Act, 2004 meant for the establishment of the Child Protection and Welfare Bureau which a body corporate, reads as under:- "5. Establishment of the Bureau.-
(1) As soon as may be after the commencement of this Act, the Government shall establish a bureau to be known as the Child Protection and Welfare Bureau.
(2) The Bureau shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.
(3) ....... .
The Bureau falls under the administrative control of Home Department in terms of Entry No. (i), Column No. 4 of Serial No. 17 of the First Schedule of the Punjab Government Rules of Business, 2011 read with section 3(1)(m) of the Punjab Destitute and Neglected Children Act, 2004. The appointment of Chairperson of the Board of Governors of the Bureau is regulated under Section 6 of the Act. Section 6(3) provides I that the Government shall appoint the Chairperson of the Board from amongst the members on such terms and conditions as may be specified. Section 6(5) further provides that the Chairperson shall hold office during the pleasure of the Government and may resign from his office by tendering his resignation to the Government. Section 7 of the Act further provides that a Member, not being an ex-officio Member, shall hold office during the pleasure of the Government. These provisions clearly indicate that the positions of member of the Board as well as the Chairperson of the Board are purely Pleasure Posts. The appointments of the said posts are made by the Chief Minister at his option and pleasure under the said provisions read with item 14 of Part-A of Seventh Schedule of the Punjab Government Rules of Business, 2011.
Moreover, this court has already elaborated the concept of "Pleasure post" and the "Doctrine of pleasure" in Malik Muhammad Bashir Lakhesar Case (PLD 2019 Lahore 1). Furthermore, there is no requirement of any advertisement before making appointments against said posts under the Act.
As for as question of procedural flaw and eligibility of respondent No.7 qua the subject appointment is concerned, the same have been elucidated above need not be reiterated.
7. This court has already held in Pakistan Pharmacists Association's Case (2018 PLC (C.S.)
1063) that in order to invoke the constitutional jurisdiction of High Court, one/appellant has to establish its legal or Fundamental Rights being violated. The appellant was supposed to have a locus standi or should be an aggrieved party by the action of the respondent-authorities to initiate proceedings against them. The appellant is not aggrieved of the appointment process of Respondent No.7 i.e. Chairperson, Board of Governors, Child Protection and Welfare Bureau, as no Fundamental Right of petitioner has been infringed due to the impugned appointment process.
The appointment process was conducted in compliance of the provision of "the Act". Therefore the appellant is neither an aggrieved person nor having a locus standi to invoke the constitutional jurisdiction of this court.
8. Needles to mention here that there is a significant difference between writs under Article 199 (1)
(a)(ii) & (b)(ii) of the Constitution of the Islamic Republic of Pakistan, 1973 in terms of aggrieved person because a writ of Certiorari can only be moved by an aggrieved person and it is only an aggrieved person who is competent to seek a declaration in a writ of Certiorari while for a writ of Quo Warranto there is no such restriction and any person whether aggrieved or not, can move a writ of Quo Warranto. Further for the maintainability of writs of Certiorari and/or Prohibition it was necessary that the right sought to be enforced should ordinarily be a personal or individual right of the individual appellant. Reliance is placed upon Dr. Farzana Bari v. Ministry of Law, Justice and Human Rights through Secretary and 3 others (PLD 2018 Islamabad 127).
9. The upshot of above discussion is that the appellant has no locus standi to file instant appeal as he has no vested right ever created in his favour owing to the fact that the said posts are purely pleasure posts as such there is no violation of any fundamental or vested right. Besides, there is no procedural flaw regarding appointment of respondent No.7 as non-official Member and Chairperson, Board of Governors, Child Protection and Welfare Bureau, Punjab nor her eligibility is under any shadow of doubt, as mentioned above. Even otherwise, bare, reading of Notification bearing No.SO(DEV)CPWB/5-2/2019(P) dated 12.01.2023, mentioned above, which has been issued under the orders of Governor of the Punjab, the competent authority, narrates that appointment of Ms. Sarah Ahmad/respondent No.7 for second consecutive term after due approval of the Provincial Cabinet then there left no legal or procedural flaw to challenging the same being within the four corners of law particularly in the light of Section 6(4) of the Act.
10. In view of above discussion, we fully agree to the findings of the learned Single Judge and do not see any illegality or perversity in the impugned order, which has been passed in line with the dictates of law and does not warrant any interference by this Division Bench, hence dismissed.