MALIK MUHAMMAD QAYYUM, J.- In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the appointment of Mian Riaz same as High Commissioner on the ground that he was no qualified to hold office and his appointment has been made for reasons other than merits.
2. With the change of Government. Mian Riaz same has since been removed from the post of High Commissioner. T that extent this petition has become infructuous. So far as the contention of the learned counsel for the petitioner that as ruled by the Supreme Court of Pakistan in Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan (PLD 1999 S.C 484) and Human Rights Case No. 104/92, decided on 1.2.1993, that all appointments in the State have to be made strictly on merits without being influenced by any other consideration. There is no cavil with this proposition especially when the law on the subject stands well-settled by the Supreme Court. However, this petition appears to have become infructuous as Mian Riaz same has ceased to be the High Commissioner. There is no reason to believe that fresh appointments shall not be made on merits.
In that extent the petition has borne fruit. The learned counsel for the petitioner says that compensatory costs be awarded against the respondents. Let him i.e an appropriate application in that behalf.
3. Disposed of accordingly with no order as to costs.