Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Advertisement for the posts of teaching cadre in the Education Department---Petitioner possessed B.Ed. which was considered as professional qualification and respondents possessed PTC only---Petitioner could not be penalized for his higher professional qualification and respondents could not be facilitated on the basis of their PTC qualification---Only intermediate certificate was required for admission in PTC but for admission in B.Ed. degree Bachelor degree was mandatory---Petitioner was a better qualified person having higher professional qualification as compared to the contesting respondents---B.Ed. degree obtained by the petitioner was issued on 11-4-2012 but the year of examination was 2010 and on the cut date petitioner had qualification of B.Ed.---Petitioner should have been placed higher on merit list as he had secured higher qualification than the contesting respondents---Petitioner had successfully made out his case and he deserved to be appointed---Authorities were directed by High Court to rectify the errors in the merit list and issue appointment order to the petitioner without any further loss of time---Constitutional petition was disposed of accordingly. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.--- The petitioner Naveed Ahmed has assailed the appointment of Zubair Ahmed and Raqeebullah, respectively the respondents Nos.4 and 5, against the post of Junior Vernacular Teacher ("JVT") in B-9 made by the Director of Education (Schools) Government of Balochistan (respondent No.2). 2. The petitioner contended that vide advertisement dated 4-12-2011 published in the Daily "Jang" Quetta applications were invited for various posts of teaching cadre in the Education Department. The said posts were stipulated to be filled on basis of weightage formula at village and Union Council level. The local/domicile candidates, who are also permanent residents of relevant village, were entitled to submit the applications. In case of non-availability of the candidates from the relevant village, the candidates from the relevant Union Council were to be preferred. The following procedure…

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