IHSAN-UL-HAQ CHAUDHARY, J.-- The petitioner through this Constitutional petition has prayed that the respondents inspite of law declared by the Hon'ble Supreme Court in 1997 SCM R 1043, is making recruitment on zonal/quota basis. The same is illegal. It is added that the post of Radiologist and Assistant Professor of Radiology were advertised by the respondent Commission on 2-4-1997 the posts were allocated between the different Zone, therefore, the petitioner has prayed for declaring the action of the respondents illegal with a direction to make appointments on merit basis after re- advertisement the post. In this behalf reference is made to Dr. Shaheen Nusrat v. Province of Punjab, etc. (PLJ 1997 Lahore 460).
2. On the other hand, the learned Additional Advocate General argued that the petitioner should have applied for one of the posts and then challenged. It is added that since the process and selection was stopped by this Court vide order dated 26-9-1997, therefor, now the same will be completed on merits basis.
3. I have given my anxious consideration to the arguments addressed on behalf of both the sides and gone through the record and precedents cases. The zonal allocation was struck down as back as 25th November, 1996 by this Court in the judgment of Dr. Shaheena Nusrat. The respondents were ill-advised to continue to make allocation of the Zonal/quota basis, therefore, following the view already expressed in the above case, the writ petition is allowed. The result is that advertisement, inviting the applications for the appointment of Radiologist and Assistant Professor Radiology on zonal basis is declared without lawful authority by issuing of this writ petition with costs.