PESHAWAR: The Peshawar High Court has provisionally allowed 13 lawyers to apply for the 120 positions of civil judges-cum-judicial magistrates though they lack the required two-year experience.

It, however, declared that those applicants’ appointment would depend on the outcome of their petition that challenged the experience condition for the posts.

Syed Abid Hussain Shah and 12 other lawyers have filed a joint petition requesting the high court to declare illegal the condition of experience, which was introduced in 2015 by the then governor by amending the Khyber Pakhtunkhwa Judicial Service Rules, 2001.

They added that they lacked the requisite experience but were qualified otherwise as per rules, so they should be allowed to sit the test for those posts.

Petitioners challenge two-year experience for appointment

The petitioners also requested the court to declare the 2015 amendment ultra vires of the Constitution and restore the original rules.

After preliminary hearing, a bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali observed that since a substantial question of law had been raised and vires of the rules had also been questioned, it would be appropriate to issue notice to the advocate general for his response to the plea on next hearing, which would be fixed later.

Advocate Nouman Muhib Kakakhel appeared for the petitioners and stated that 120 posts of civil judges/judicial magistrates/Ilaaqa Qazi had been advertised recently by the KP Public Service Commission.

He contended that the rules providing for the condition of two-year practice as an advocate amounted to depriving the petitioners of their lawful and legal right to apply for those posts.

He further contended that where the rules had provided for training to the judicial officers after their appointment, as such, the condition of practice as an advocate was unreasonable.

He stated that initially in the KP Judicial service Rules 2001 no such requirement was put forth and merely being registered as an advocate was required as qualification to be appointed as civil judge/ judicial magistrate.

However, he said that the rules were amended in 2015, wherein two-year experience was added.

The counsel said in Sindh, there was no requirement of experience, but the people of KP were being discriminated against, and new graduates and lawyers were being deprived of it despite being fully prepared to undergo the examination.

The counsel said that the Civil Servants Act, 1973, empowered the respondents including the provincial government to make rules regarding qualifications, appointment procedure and other ancillary issues, whereas no guidelines or instructions were provided by the legislature for the same, which amounted to excessive legislation, which negated the doctrine of separation of powers and the salient features of the Constitution.

Published in Dawn, November 21st, 2024