Case Details

Citation(s)
2014 SLG 236 2014 SLD 236 2014 PLC 769
Peshawar High Court
Writ Petitions Nos. 14-D, 21-D, 42-D and 77-D of 2014, decided on 19th February, 2014. Date of hearing: 19th February, 2014.
ABDUL LATIF KHAN AND LAL, JAN KHATTAK, JJ
Muhammad Waheed Anjum for Petitioner. Sanaullah Khan Shamim, A.A.G. for
Respondents.

MUHAMMAD BILAL and 7 others

VS

GOVERNMENT OF KHYBER PAKTHUNKHWA through Secretary Education and 5 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---On-going recruitment process---Change in selection policy/criteria---Effect-Candidates (petitioners), pursuant to advertisement applied for selection against teaching cadre posts---Respondent department according to policy in vogue prepared a tentative merit list, however before completing the recruitment process, the recruitment policy was changed---Contention of the Candidates (petitioners) was that new selection criteria was prospective in its application and they had to be appointed in accordance with the selection criteria, which was in vogue at the time, when they applied for appointment---Validity---Mere publishing an advertisement in newspaper and submission of application forms pursuant thereto would not confer a vested right on a candidate---Government had the authority to amend or substitute an existing criteria by a new one for the betterment and in the larger interest of its citizen, which had so been done through the impugned selection criteria---On-going recruitment process, initiated prior to the new selection criteria/policy could not be saved from the application of the same---Constitutional petition was dismissed. 1997 SCMR 1043; 1999 SCMR 1524 and 2013 SCMR 264 rel. JUDGMENT LAL JAN KHATTAK J.--- Through this common judgment we intend to dispose of Writ Petition No.14-D of 2014, Writ Petition No.21-D of 2014, Writ Petition No.42-D of 2014 and Writ Petition No.77-D of 2014 as common question of law and facts is involved in all the writ petitions. 2. Petitioners through the instant writ petitions have challenged the selection criteria introduced by the Government of Khyber Pakhunkhwa for recruitment of teaching cadre staff in BPS-12 to 15 on the ground that the same is violative of their rights already conferred upon them through the recruitment process which was initiated by the respondents in the past pursuant to the recruitment policy of 2011. 3. Brief facts of the case are that pursuant to the advertisement published by the respondents on 19-1-2012 the petitioners and hundred others applied for their selection against different teaching cadre…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492