Writ Petition to Challenge the Deviations from Policy is Maintainable --- Writ Petition was allowed by Islamabad High Court, Islamabad
The petitioner challenged the allocation of a posting at Pakistan's Trade Mission Abroad, contending that the decision violated the Policy Guidelines. The Ministry of Commerce invited applications for Trade Mission postings abroad in 2023. The petitioner applied, following guidelines in the 'Policy Guidelines for Selection, Appointment, and Posting of Trade and Investment Officers.' The petitioner's preferences were Washington D.C. (1st) and London (2nd). The petitioner, ranked 4th on the merit list, was allocated Riyadh (Saudi Arabia) instead of his 2nd preference, London. Meanwhile, the 5th-ranked candidate was recommended for London.
The petitioner challenged the recommendation by filing writ petition [WP 4546-2023] in Islamabad High Court, Islamabad on ground that despite ranking higher in merit, the petitioner was assigned a station not of his preference, while a lower-ranked candidate received the petitioner's preferred station. The government argued against the petition's maintainability under Article 212, but the Court held that challenges to deviations from policy can be maintainable. The court allowed the petition, directing the government to adhere strictly to the Policy for Trade and Investment Officers' appointments.
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