Validity of appointment

--- Validity of appointment --- Scope --- Where appointments are made through a process initiated by the competent authority itself, pursuant to a duly published advertisement, and the appointees possess the prescribed qualifications, they ordinarily cannot be penalized for procedural lapses or administrative irregularities attributable to the competent authorities, particularly in the absence of any allegation of fraud, misrepresentation, concealment, or active connivance on their part --- Instead of removing such employees from service, action should be taken against the authority that had misused or improperly exercised its powers --- To hold otherwise would amount to shifting the burden of institutional impropriety onto individuals who had neither control over the process nor any role in the decision-making hierarchy, and who merely responded to a public advertisement in good faith.

--- Validity of appointment --- Scope --- Inquiry Officer virtually endorsed and justified the recruitment process of the petitioners and recommended their retention in service on so-called humanitarian grounds --- Held, such an approach is wholly alien to settled principles of service jurisprudence, wherein appointments must stand or fall on the touchstone of legality rather than sympathy.

--- Art. 18 --- Freedom of trade, business or profession --- Scope --- Article 18 encompasses the right of every citizen to compete for appointment to posts in any Federal or Provincial Government department, including attached departments, autonomous bodies, or corporations, on the basis of open competition --- Such a right, however, can only be effectively exercised when the process of appointment is conducted in a transparent, fair, and just manner, free from any bias or complaint regarding its integrity --- Any departure from these standards not only violates the constitutional mandate but also undermines public trust in the fairness of government employment, which forms the backbone of an accountable and equitable administrative system --- Consequently, failing to select the most suitable candidates also constitutes a serious breach of public trust and an affront to the public, who have the right to be served by the best.

--- Validity of appointment --- Verification and authenticity --- Role of Public Service Commission --- Personal statement --- Not a substitute for inquiry --- Scope --- The personal statement of the Chairman, Public Service Commission, valuable though it may be, cannot be treated as a substitute for a legally mandated inquiry conducted in accordance with the procedure prescribed under the relevant rules --- Only through such a process can a fair, transparent, and lawful determination be made regarding the authenticity of the candidate’s appointments.