Law:

Section:

Punjab Recruitment Policy, 2005-2006--- ----Para. 11 (iii)---General Clauses Act (X of 1897), S.21---Constitution of Pakistan, Art.199---Constitutional petition---Civil service---Locus poenitentiae, principle of---Applicability---Scope---Teachers recruitment of---Extra 10 marks---Entitlement---Petitioner was resident of the village where school was situated and as per para. 11 (iii) of Punjab Recruitment Policy, 2005-2006, she was entitled to 10 extra marks at the time of preparing merit list---Grievance of petitioner was that the authorities had appointed respondent by giving extra 10 marks to her, who was not resident of the village concerned---Plea raised by respondent was that after implementation on her appointment order valuable rights had accrued in her favour and her appointment could not be recalled on the principle of locus poenitentiae---Validity---Concept of locus poenitentiae was the power to recede till a decisive step was taken but it was not a principle of law that order once passed had become irrevocable and a past and closed transaction---If order was illegal then perpetual rights could not be gained on the basis of such illegal order---High Court directed the authorities to issue appointment letter to the petitioner for the post concerned---Petition was allowed accordingly. Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291 and Abdul Haque Indhar and others v. Province of Sindh through Secretary Forest, Fisheries and Livestock Department, Karachi and 3 others 2000 SCMR 907 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- Grievance of the petitioner is that while making appointments for the posts of SESE (Arts) in the Elementary Middle School Chak No.55/EB Arifwala the respondents/recruitment/ committee has not followed the merit policy and appointed the candidates including respondents Nos.7 and 8 on their own whim. 2. Facts of the case in brief are that the respondents/department invited applications for various vacancies of Educators and according to the advertisement four posts of S.E.S.E. (Arts) fell vacant at Elementary Middle School Chak No.55/EB, Arifwala. The petitioner along with respondents Nos.5 to 8…

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