Law: Punjab Civil Servants Act, 1974 

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Act (VIII of 1974)---   ----S. 4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Civil service---Appointment---Petitioner being eligible applied for the post of Lady Health Visitor pursuant to an advertisement---Required qualification for the post applied for was Matriculation, whereas petitioner not only was Matric in 1st Division, but was F.A. in 2nd Division---Petitioner also passed her nursing course in the 1st Division and Diploma in Midwifery in 1st Division---Petitioner stood first on the basis of the educational and professional qualifications and experience, but after interview another applicant (respondent) had been appointed and despite all said educational and professional qualifications petitioner was ignored---Petitioner had been given the lowest marks in interview, while respondent had been given the highest marks---Authorities had neither been able to satisfy that on what criteria the marks of interview had been awarded nor any proceedings/reports of the interview had been produced in the court. despite specific orders passed in this behalf---Interview was not conducted in a just, fair and transparent manner--Case being fit warranting indulgence of the High Court under Art.199 of the Constitution allowing constitutional petition, appointment of respondent was declared to be without lawful authority and jurisdiction---Authorities were directed to make appointments after observing proper procedure and following recruitment policy of the Government in its true spirit. ORDER IQBAL HAMEED-UR-REHMAN, J.--- The petitioner being eligible applied for the post of Lady Health Visitor (L.H.V.) pursuant to an advertisement got published on 19-7-2006. The required qualification for the post applied for was Matric whereas the petitioner was Matric in 1st Division, F.A. in 2nd Division, passed her nursing course in 1st Division and Diploma in Midwifery also in 1st Division from Public Health Nursing School, Nishtar, Multan. The petitioner stood first on the basis of the educational and professional qualification certificate and experience. After interview, respondent No.4 had been appointed. The petitioner being…

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