The Federal Constitutional Court (FCC) has set out six legal principles that apply to hiring for government posts, a report said on Wednesday. The ruling appears in a written judgment issued by Chief Justice Aminuddin Khan.
The court held that refusing government employment to a candidate who has been acquitted violates Articles 4 and 25 of the Constitution.
Limits on rejecting candidates over FIRs and acquittals
The court observed that registering a First Information Report (FIR) alone cannot disqualify a candidate from public employment. An acquitted candidate also cannot be turned away only because an earlier FIR exists.
According to the judgment, an acquitted person’s character must be judged on credible evidence. An acquitted case should not count against a candidate in a police character certificate, and pending cases may be mentioned only in terms of their current legal status. No candidate may be excluded from recruitment without being given a chance to be heard.
Abdul Latif case leads to Multan Bench ruling being set aside
The court also set aside a May 22, 2025 judgment of the Lahore High Court’s Multan Bench. The case involved Abdul Latif, who ranked second on the merit list but was declared ineligible, even though he had been acquitted in a case registered against him in 2018.
The court found no valid reason for authorities to ignore the clean character certificate issued by the Dera Ghazi Khan police. It said adverse administrative action must rest on established facts rather than suspicion, in line with Islamic principles. The court further ruled that the police action amounted to legal mala fide and an abuse of authority.
Disqualification notification voided and appointment ordered
The court declared the notification disqualifying Abdul Latif null and void. It ordered that his candidature be restored in line with his second position on the merit list.
The court also directed the authorities to complete his medical examination and all necessary legal formalities within 30 days, and then proceed with his appointment.
