SPECIMEN/ FORMAT OF WRIT PETITION IN HIGH COURTS OF PAKISTAN ALONGWITH AFFIDAVITS, MISCELLANEOUS PETITION’S DRAFTS

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

W.P No.____________/2023

ABC_____NAME VS FoP & Others

INDEX

No	Particulars	Annex	Page
	Writ Petition along with Affidavit
1		A
2		B
3		C
4		D
5		E
6		F
7		G
8		H
9		I
10		J
11		K
12		L
13		M
14		N
15		O
	Power of Attorney/Wakalatnama

…Petitioner

Through:

ASADULLAH HASHMI

Advocate High Court

CC # 78128

LLM-ITL(Medalist)

IN THE COURT OF ISLAMABAD HIGH COURT, ISLAMABAD

W.P. No.————-/2023

ABC son of _____________, House No._____. Street _____, F-_____, Islamabad.

…….Petitioner

VERSUS

Federation of Pakistan through Ministry of Commerce, Block A, Pakistan Secretariat Islamabad.

Prime Minister of Pakistan through its Principal Secretary, Prime Minister House, Islamabad.

Secretary Ministry of Commerce, Block A, Pakistan Secretariat Islamabad.

Establishment Division through Secretary, Right Wing, Cabinet Block, First and Second Floor, Red Zone, Islamabad.

……Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPULIC OF PAKISTAN, 1973.

Respectfully Sheweth :-

That the addresses of the parties have been given correctly and completely for summons and notices to be served upon them.

That the facts leading to the present writ petition are that the petitioner is a Regular BS-19 Officer of Commerce & Trade Group and currently serving as Director BS-19 at Directorate General Trade Organization, Islamabad an attached department of the Ministry of Commerce. Respondent No.2 is the final authority to approve the recommendations of the interview board for the posting of the selected officers. Respondents No. 2&3 are board members and concerned ministries.

(A copy of the Service Card is Annex-B)

That impugned advertisement for the selection against the posts of Trade and Investment officers in Pakistan’s missions abroad dated 08-07-2023 was announced by Respondent No.3.

(Copy of Advertisement is Annex-A)

That the petitioner being a Commerce and Trade group officer has a share in 50% of positions of Trade & Investment Counselor in BS-19, whenever these posts are advertised for the sake of selection against the posts of Trade and Investment officers in Pakistan’s missions abroad in BS-19 by Respondent No 3.

That the petitioner applied through the proper channel for the position of Trade and Investment Councilor BS-19 after obtaining the required NOC from Respondent No.3

(Copy of NOC is Annex-C)

The petitioner was shortlisted by Respondent No.3 and an Admission Card was issued for Written Examinations for selection against the post of Trade and Investment officers in Pakistan’s missions abroad, 2023 in BS-19 held on 06-08-2023 at Islamabad by the Lahore University of Management Sciences LUMS Lahore communicated vide e-mail dated 01-08-2023.

(Copy of Admission Card is Annex-E and Copy of Email is Annex-D)

That the petitioner Passed the written examination communicated vide email dated 14-08-2023 and was later issued the Psychometric Test Schedule by the Lahore University of Management Sciences LUMS Lahore communicated vide e-mail dated 16-08-2023.

(Copies of email dated 14-08-2023 &16-08-2023 are Annex-G & H)

That the petitioner appeared for the Psychometric Test on Monday 21-08-2023 at Lahore University of Management Sciences LUMS Lahore and vide email by Trade Officer Section of Respondent No.3 dated 12-09-2023, the petitioner was informed about his Interview Date that was scheduled for 20-09-2023 (Wednesday) at Ministry of Commerce Islamabad.

(Copy of Email is Annex-I)

That vide email dated 15-09-2023 petitioner was informed with reference to previous email sent by Respondent No.3, dated 12-09-2023, that his candidature for the post of Trade and Investment officer is withdrawn due to placement in the category of ineligible candidates under clause “d” of conditions of ineligibility of policy guidelines.

(Copy Email is Annex-J & Copy of ineligibility guidelines is Annex-K)

That the petitioner approached Respondent No.3 vide email dated 19-09-2023 and submitted that application of the condition of ineligibility in policy guideline clause (d) at the last stage of this competitive process, not letting an officer complete the competitive process is unjust and utter discrimination as clause “d” of the policy guidelines is in itself discriminatory with the word “or” giving 02 different criteria that do not justify the weightage of the application of this ground.

(Copy Email is Annex-L)

That the petitioner was not allowed to appear before the Interview Panel and was denied the appearance for the interview despite the request to the relevant section. Another candidate of BS-19 (name not provided to keep his confidentiality intentionally) who received the same email regarding withdrawal of candidature due to clause “d” was allowed on 20-09-2023 to appear in the interview, which is tantamount to discrimination.

The petitioner approached Respondent No.3 enquiring about the reason for applied ineligibility clause against him. It was verbally informed that the petitioner has earned a Performance Evaluation Report (PER) rated “VERY GOOD” by the Reporting officer and “AVERAGE” by the Countersigning officer during the period 2019-20 while he was not serving in Commerce and Trade Cadre, thus making him ineligible under clause “d”.

That the PERs of an officer is a matter of confidentiality and the relevant ministry is its custodian. Being a Commerce and Trade Group Officer, his performance in the Cadre as reflected in the PERs earned in his service in the Cadre has remained Outstanding / Very Good meeting the said criteria.

That the petitioner’s PER for the period 2019-20, in his service outside the cadre was rated as “Very Good” by the Reporting officer and countersigned as “Average” by the Countersigning Officer, as informed verbally by the relevant section of Respondent No.3. As per Establishment Civil Servants Promotion (BPS 18-BPS 21) Rules 2019, Schedule III 2(b) published in the Gazette of Pakistan dated Dec.5, 2019

“If the overall grading in a PER is ambiguous e.g. placed between ‘Good’ and ‘Average’, the PER will be returned to R.O. /C.O. for clarification”.

Thus, in the said case, Respondent No.3 should have sent the PER to remove the ambiguity before the quantification of PER.

(Copy of Establishment Civil Servants Promotion Rules is Annex-O)

That the no matter how well-defined the criteria of appraisal are, the PERs are not immune to impressionistic/subjective biases and should not be treated as the only realistic criteria to judge an officer’s eligibility to appear in the interview process. Whereas, he is already a Commerce and Trade Group officer equipped with the domain-specific training required for the advertised position, earned outstanding / very good PERs in his service in the Commerce and Trade cadre, has already been given NOC by Respondent No.3 to appear in the test, shortlisted and passed the competitive test taken by LUMS.

That the it is worthwhile to mention that he previously applied for the selection of Trade and Investment officers in Pakistan’s missions abroad, conducted by the Institute of Business Administration IBA, Karachi held in 2022 and was not shortlisted on the grounds of clause; “officer recalled on Poor performance” whereas till now he has never served on the Post of Trade and Investment Counsellor abroad which clearly shows discrimination. In that case, the officer could not seek remedy as was informed via email at the very last stage of the shortlisting process.

(Copy of Email is Annex-P)

That the all candidates who have passed the written test and appeared in the psychometric test conducted by LUMS, Lahore have the right to be treated equally and without discrimination. The officer was shortlisted by the Ministry of Commerce for the selection process of BS-19 Trade and Investment Counselors and was made ineligible on the last stage of this process under clause 1 (d) of the policy guidelines, which in itself is ambiguous and affects the candidature of the passed candidate(s) on unfair grounds.

That the performance of the petitioner in his Cadre as reflected in the PERs earned in the Commerce and Trade Group service has remained outstanding / very good; meeting the said eligibility criteria.

That denying the right of eligibility of the petitioner, due to any PER, in service outside the cadre rated as “VERY GOOD” by the reporting officer and countersigned as “AVERAGE” by the Countersigning Officer, is unfair.

That the mentioned PER should have been returned to R.O. / C.O. by Respondent No.3, to seek clarification before quantification as per Establishment’s Civil Servants Promotion (BPS 18-BPS 21) Rules 2019, Schedule III 2(b).

That the PERs are not immune to impressionistic/subjective biases and should not be treated as the only realistic criteria to judge an officer’s eligibility to appear in the interview process.

That being a Commerce and Trade group officer petitioner has a share in 50% of positions dominium of Trade & Investment Counselor in BS-19; hence he may be given a fair chance to appear in the interview process.

That the respondents are bound to remain in four corners of the law but in the present case it has not been done by the respondents.

That the petitioner has no alternative or adequate remedy except to invoke the Constitutional jurisdiction of this Hon’ble Court inter-alia on the following grounds;

GROUNDS:

That the petitioner contends that he was subjected to discrimination as he was denied the opportunity to appear before the Interview Panel, despite the fellow candidates with similar circumstances being allowed to do so. This unequal treatment is a clear violation of the fundamental rights of the petitioner as anumerated under article 25 of the constitution of the Islamic Republic of Pakistan 1973.
That the Ministry of Commerce (MOC) issued the petitioner an Admission Card after successfully completing all required assessments, including psychometric tests, written exams, and other evaluations. However, the subsequent withdrawal of the petitioner’s candidature by the respondents appears to have been motivated by a desire to favor certain junior officers, resulting in the unjust deprivation of the petitioner. This action flagrantly contradicts the established Policy Guidelines for the Selection, Appointment, and Posting of Trade and Investment Officers (BS-18 TO BS-21) in Pakistan’s Missions Abroad.
That the respondents violated the Rule 18(1) Schedule-III of the Civil Servants Promotion (BS-18 to BS-21) Rules 2019 which shows the mala-fide at the stance of respondents.
That it is imperative to mention here that the respondents allowed the candidates of BS-18 who have applied in accordance with BS-18 Criteria and received NOC accordingly but were allowed to be appointed in BS-19 category which clearly shows the mala-fide of the respondents, hence, the respondents illegally with malafide intention, willfully withdraw the candidature of the petitioner from the Mission Abroad without giving him the appurtunity of fair competition in light of the rules and policy guidelines issued.
That the petitioner argues that the application of the ineligibility clause “d” based on his PERs from a period when he was not in the Commerce and Trade Cadre is unjust. According to the rules, if there is ambiguity in the PER, it should have been sent back for clarification before quantification however, the Selection Board has committed grave illegality with mala-fide intention and deprived the petitioner from the valuable rights.
That previous year in 2022, the Ministry of Commerce committed discrimination in the IBA Test by giving false, frivoulous and baseless ground that the petitioner was recalled on poor performance from the Missions at the 11^th hour i.e. 11:42PM despite the fact that the petitioner never served in abroad throughout his service but yet discriminated on filmsy grounds.
That the petitioner argues that all candidates who have successfully passed the written and psychometric tests have the right to be treated equally and without discrimination. Being shortlisted by the Ministry of Commerce implies a level of eligibility that should not be revoked based on ambiguous grounds.
The petitioner emphasizes that as a Commerce and Trade group officer, he has a rightful claim to 50% of the positions of Trade & Investment Counselor in BS-19. Denying him the opportunity to participate in the interview process infringes upon this entitlement.

PRAYER

It is most respectfully prayed that the writ petition of the petitioner may very kindly be accepted and;

i. The respondents may graciously be directed to allow the petitioner to complete the selection process including the final interview.

ii. Appropriate directions to Respondents may kindly be issued to maintain fairness in the selection process and to refrain them from violating the settled principles for the appointments on such like posts just to accommodate their blue-eyed officers.

iii. The Respondents may kindly be directed to stop the process of selection of the BS-19 Trade and Investment Counselors till the final disposal of the instant writ petition or doing any act which is prejudicial to the rights of the Petitioner till the final decision of the case.

Any other relief which this Hon’ble Court deems fit may also be granted in the interest of justice.

PETITIONER

Through

ASAD ULLAH HASSAN HASHMI

Advocate High Court, Islamabad

LLM-ITL

C.C. NO.78128

CERTIFICATE:

It is certified that a Writ petition No. 2872/ 2023 is already pending on the subject in this Honorable Court. It is certified that no other case of same nature is pending in any other court of Pakistan in this matter between the parties.

PETITIONER

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

C.M No.____________/2023

W.P No.____________/2023

ABC VS FOP and others

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

AFFIDAVIT OF FACTS

I, __________ son of ___________, House NO_____. Street ____, F-8, Islamabad, do hereby solemnly affirm and declare as under:-

(i) That the fact as stated in the accompanying filed Const. The petition in the above-titled case is true and correct to the best of my knowledge and information.

(ii) That the said facts have been obtained from the perusal of the record.

SWORN at Islamabad this 27^th day of September 2023.

DEPONENT

Verified on oath at Islamabad on this 27^th day of September 2023, that the contents of my above affidavit are all true and correct according to my knowledge and belief and that nothing has been concealed from the court.

DEPONENT

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

C.M No.____________/2023

W.P No.____________/2023

ABC_______ VS FOP and others

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

APPLICATION UNDER SECTION 151 CIVIL PROCEDUE CODE, 1908

FOR EXEMPTION FROM ANNEXING CERTIFIED COPIES

Respectfully Sheweth:

That the Petitioner has filed the Writ Petition, particulars whereof are set out hereinbefore, in this Honorable Court.
That the Petitioner could not annex the certified copies of all the documents herein.
That the Petitioner may graciously be allowed to annex uncertified true copies of the same.

PRAYER:

In the premises it is respectfully prayed that the Petitioner may graciously be allowed to annex uncertified true copies of the documents relied hereupon, in the interest of justice.

PETITIONER

Through

ASADULLAH HASSAN HASHMI

ADVOCATE HIGH COURT

LLM-ITL

CC# 78128

0332-7516974

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

C.M No.____________/2023

W.P No.____________/2023

ABC VS FOP and others

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

APPLICATION UNDER SECTION 151 CIVIL PROCEDURE CODE, 1908

FOR EXEMPTION FROM ANNEXING CERTIFIED COPIES

AFFIDAVIT

I, ABC_____ son of _____________, House No.__. Street ____, F-8, Islamabad, do hereby solemnly affirm and declare on oath that the content of accompanied subject Application are true and correct to the best of my knowledge and belief and nothing has been concealed thereupon.

DEPONENT

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

C.M No.____________/2023

W.P No.____________/2023

ABC_____ VS FOP and others

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

APPLICATION U/O 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC

Respectfully Sheweth:-

That the Petitioner has filed the above-captioned suit which may kindly be read as an integral of this Application.
That the Petitioner has a good prima facie case in his favour which is likely to be succeeded.
That the balance of convenience and inconvenience lies in favour of the Petitioner.
That if the temporary/ad-interim injunction is not granted the Petitioner will suffer an irreparable loss.

PRAYER:

In the above circumstances, respondents may very kindly be directed to stop the process of selection of the BS-19 Trade and Investment Counselors till final disposal of the instant writ petition or doing any act which is prejudicial to the rights of the Petitioner till the final decision of the case.

…PETITIONER

Through

ASADULLAH HASHMI

ADVOCATE HIGH COURT

LLM-ITL

0332-0074848

IN THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD

C.M No.____________/2023

W.P No.____________/2023

ABC_____ VS FOP and others

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

APPLICATION U/O 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC

AFFIDAVIT

I, ABC____ son of ___________, House No.19. Street 32/2, F-8/1, Islamabad, do hereby solemnly affirm and declare on oath that the content of the accompanied subject Application are true and correct to the best of my knowledge and belief and nothing has been concealed thereupon.

DEPONENT

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