| Citation(s) |
|---|
| 2015 SLG 3045 2015 SLD 3045 2015 PLC 958 |
Peshawar High Court
Writ Petition No. 1348-P of 2014, decided on 21st January, 2015
NISAR HUSSAIN KHAN AND MUHAMMAD DAUD KHAN, JJ
Ghulam Mohy-ud-Din Malik for Petitioners. S. Sikandar Hayat Shah for
Respondents
Writ Petition No. 1348-P of 2014, decided on 21st January, 2015
NISAR HUSSAIN KHAN AND MUHAMMAD DAUD KHAN, JJ
Ghulam Mohy-ud-Din Malik for Petitioners. S. Sikandar Hayat Shah for
Respondents
ABDUL AZIZ and another
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary and 3 others
Law:
Section:
Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Civil service--- Advertisement through Public Service Commission for appointment of Research Officers/Hydro-Geologist (BPS-17)--- Alteration in prescribed qualification by the department after final selection by the Public Service Commission---Effect---Petitioners were recommended by the Public Service Commission for appointment but required qualification was changed by the department---Validity---Recommendation of Public Service Commission had conferred a vested right on the petitioners which could not be taken away by the Authority under the garb of change or alteration of prescribed qualification---Department kept stuck to the requirement of qualification provided in the advertisement till final selection of petitioners by the Public Service Commission---Alteration in prescribed qualification was mala fide was on record on the part of department---Department was directed to follow/honour the recommendations of Public Service Commission and appoint the petitioners against the posts advertised---Constitutional petition was accepted in circumstances. Miss. Farzana Qadir v. Province of Sindh through Secretary, Ministry of Health, Government of Sindh Secretariat, Karachi and another 2000 PLC (C.S.) 225 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.--- Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners have prayed for issuance of an appropriate writ directing the respondents to appoint them against the posts of Research Officer/Hydro-Geologist (BPS-17). 2. Brief facts giving rise to the filing of the instant petition are that on receipt of requisition for appointment against the two posts of Research Officer/Hydro-Geologist (BPS-17) from the Secretary to Government of Khyber Pakhtunkhwa, Public Health Engineering Department/respondent No.3 herein (hereinafter called as PHED) vide letter dated 14-3-2011, the Khyber Pakhtunkhwa Public Service Commission/respondent No.2 herein vide Advertisement No.2/2011 serial No.71 invited applications from eligible candidates and out of 39 candidates, after thorough examination, 7 candidates…
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