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| 21 October 2004 | Thursday | 06 Ramazan 1425 |
SC sets aside LHC judgment
ISLAMABAD, Oct 20: The Supreme Court on Wednesday directed the Federal Public Service Commission to allow Muqaddas Haider to join as assistant superintendent of police (ASP) in place of Farrukh Rashid under the quota system.
An apex court bench, comprising Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Hamid Ali Mirza, allowed conversion of the petition of Muqaddas Haider (from Sindh and serving in Pakistan Navy) into an appeal by setting aside a judgment of the Lahore High Court.
According to the petition, the Lahore High Court had asked the FPSC to allow Farrukh Rashid to join as ASP on the quota of Sindh, which was a clear violation of the quota system for the provinces and AJK.
The FPSC administration nominated four officers belonging to all the three forces on the basis of quota system from Punjab, Sindh, the NWFP and the AJK, as per induction requirement of ASPs in year 2002.
According to the nomination made by the FPSC on the basis of quota, four officers of all the three forces, including Captain M.Usman from Pujab, Captain M.Sulman from NWFP, Lt Muqaddas Haider from Sindh and Captain Muhammad Arif from the AJK were allowed to join academy for training as ASPs.
Flight Lt Farrukh Rashid from Punjab filed a petition in the Lahore High Court, saying that he was a more qualified candidate for the post and might be allowed to join as ASP in place of Muqaddas Haider.
The Lahore High Court passed judgement in favour of Farrukh Rashid and directed the FPSC to allow him for joining academy in place of Muqaddas Haider.
Muqaddas Haider filed a petition in the Supreme Court against the judgement of the Lahore High Court that how a person belonging to Punjab could join on the quota of Sindh.
"How Sindh can be deprived of its right given in the quota system according to rules," Justice Iftikhar Muhammad Chaudhry observed.
Muhammad Akram Sheikh Advocate appeared before the court on behalf of the respondent (Farrukh Rashid). Sahibzada Anwar Hameed represented the petitioner in the court.-APP
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