ISLAMABAD: The Federal Constitutional Court (FCC) has established six legal principles for government recruitment, ruling that candidates cannot be denied public-sector jobs merely because an FIR was once registered against them, particularly after their acquittal.
In its written verdict authored by Chief Justice Aminuddin Khan, the court held that refusing employment to an acquitted candidate on this basis amounts to a violation of Articles 4 and 25 of the Constitution.
The judgment clarified that the registration of an FIR alone does not make an individual ineligible for government service. It added that once a candidate has been acquitted, his character must be evaluated through reliable evidence rather than allegations contained in a previous criminal case.
The court further ruled that acquitted cases should not appear as adverse entries in police character certificates, while any reference to pending cases must accurately reflect their current legal position.
It also emphasised that no applicant can be disqualified from recruitment without first being given a proper opportunity to present his case.
The FCC consequently overturned a May 22, 2025, decision of the Lahore High Court’s Multan Bench in a case involving Abdul Latif, who had secured second position on the recruitment merit list but was declared ineligible despite his acquittal in a case registered in 2018.
The court observed that the authorities had no reasonable grounds to disregard a clear character certificate issued by Dera Ghazi Khan police. It stressed that administrative decisions carrying adverse consequences must rest on established facts, not assumptions or suspicion, in line with Islamic principles.
The judgment further described the police action as legally mala fide and an abuse of authority, observing that suspicion alone could not justify depriving a candidate of his right to employment.
Setting aside the disqualification notification, the court declared it null and void and ordered the restoration of Abdul Latif’s candidature in accordance with his second position on the merit list.
The authorities have been directed to complete his medical examination and other required legal formalities within 30 days and take necessary steps towards his appointment.
