Case Details

Citation(s)
2011 SLG 1630 2011 SLD 1630 2011 PLC 284
Peshawar High Court
Writ Petition No.2280 of 2010, decision dated: 30-09-2010.
EJAZ AFZAL KHAN, C.J. AND YAHYA AFRIDI, J

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Dr. Miss SHAMEEM ALAM

VS

CHIEF EXECUTIVE KHYBER MEDICAL COLLEGE, PESHAWAR and 4 others Dr. Miss SHAMEEM ALAM vs CHIEF EXECUTIVE KHYBER MEDICAL COLLEGE, PESHAWAR and 4 others

Law:

Section:

(a) North-West Frontier Province Medical and Health Institutions and Regulations of Health Care Services Ordinance (XLVII of 2002)-------S. 6---North-West Frontier Province Medical Institutions and Regulations. of Health Care Rules, 2001, R. 9---Term "Management Committee" as used in R. 9 of North-West Frontier Province Medical Institutions and Regulations of Health Care Rules, 2001---Validity---Management Council deals with management and administration of institutions, while Management Committee deals with administration and management of Public Health Institutions---Such term being in conflict with parent statute would be read as "Management Council" even though mentioned as Management Committee in Rules, 2001. (b) North-West Frontier Province Medical and Health Institutions and Regulations of Health Care Services Ordinance (XLVII of 2002)--- ----S. 6---North-.West Frontier Province Medical Institutions and Regulations of Health Care Rules, 2001, Rr.9 & 10(6)---Right of an employee of Institution to compete with civil servant for a post to be filled by promotion---Scope---Vacancy occurring in higher grade would be filled out of joint seniority list of employees of Institutions and civil servants not having opted for absorption---Principles. Abdul Latif for Petitioner. Lal Jan Khattak, D.A.G., Ghulam Shahid Jally and Waqar Ahmad Seth for Respondents. Date of hearing: 30th September, 2010. JUDGMENT EJAZ AFZAL KHAN, C.J.--- Petitioner through the instant petition has asked 'for the issuance of an appropriate writ directing the respondents to act in accordance with the N.-W.F.P. Medical and Health Institutions and Regulation of Health Care Services Ordinance, 2002 and N.-W.F.P. Medical Institution Rules, 2001. 2. The main theme and thrust of the arguments of the learned counsel for the petitioner was that when the petitioner possesses higher qualification as compared to respondents No.5, she is, by all means, eligible to compete with him and that no interpretation of the law and the rules, mentioned above, can obstruct her in this process. The learned counsel next contended that when a joint seniority list is maintained within the terms of Rule 10(6) of the…
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