Federal Constitutional Court of Pakistan
Syed Ashfaq Anwar and connected petitioners v Government of Khyber Pakhtunkhwa and connected respondents
Published on this website
C.P.L.A. Nos. 800 and 1581 of 2023; Criminal Appeal No. 383 of 2023
Citation: Approved for reporting; reported citation not stated in supplied order
Background
Background
The FCC upheld cancellation of flats allotted to ineligible applicants. Success in a computerized draw did not create a vested right, and a fresh decision after hearing did not amount to contempt.
Police Service officers were selected in a draw for Hayatabad flats despite falling outside the advertised class. The authority cancelled their allotments after a fresh hearing.
Legal questions
Legal questions
Whether success in a computerized public-housing draw creates a vested right for applicants who do not meet the published eligibility criteria, and whether fresh cancellation after a hearing disobeyed the earlier High Court judgment.
Court holding
What the Court decided
Selection in a draw cannot cure foundational ineligibility or create an enforceable allotment contrary to the scheme. The competent authority could correct the error after a fair reconsideration, and the fresh cancellation was not wilful disobedience of the earlier High Court judgment.
Final outcome
Final outcome
The two petitions for leave to appeal and the connected criminal contempt appeal were dismissed with costs; the cancellation of the allotments remained in force.
Practical effect
What the decision means in practice
Housing applicants must meet the scheme's published criteria; authorities may correct a mistaken allotment after proper reconsideration and hearing.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Selection in a computerized draw presupposes eligibility and cannot cure its absence.
- An administrative mistake cannot create a vested right contrary to express scheme conditions.
- Correction of an erroneous allotment must remain within the authority's powers and observe fair hearing.
- Fresh cancellation after lawful reconsideration did not amount to contempt of an earlier order setting aside initial cancellation.
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Related article
Related article
The FCC upheld cancellation of flats allotted to ineligible applicants. Success in a computerized draw did not create a vested right, and a fresh decision after hearing did not amount to contempt.
Read the related article →