Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Arts. 199---Constitutional jurisdiction of High Court---Scope---Civil service---Appointment of Elementary School Educator---Policy for recruitment of Educators in Government Schools---Scope---Petitioner was aggrieved of the policy whereby 05 marks were allocated for M.A. (Education) degree---Contention of the Authority was that the petitioner, after joining recruitment procedure, in existence and unchallenged/ valid policy was estopped by her conduct to challenge the merit list---Validity---Allocation of 05 marks for M.A. (Education) degree was a policy decision which could not be called in question and replaced with 10 marks by the High Court in constitutional jurisdiction---Policy could be held invalid if not approved by the authority under any law or if lacked legal sanction---Petitioner being part of the process of appointment under an unchallenged policy was estopped by her conduct to challenge the same after being unsuccessful---Law, rule, policy or terms of appointment were not violated, in the present case---Constitutional petition was dismissed in circumstances. Mst. Sadia Sultan v. D.E.O. and others 2011 PLC (C.S.) 158 distinguished. Syed Muhammad Arif and others v. University of Balochistan and others PLD 2006 SC 564; Mumtaz Ali Bohio and 24 others v. Federal Public Service Commission through Chairman at Islamabad and another 2002 SCMR 772; Dossani Travels (Pvt.) Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1; Messrs Al-Raham Travels and Tours (Pvt.) Ltd. and others v. Ministry of Religious Affairs, Hajj, Zakat and Ushr through Secretary and others 2011 SCMR 1621 and Muhammad Nadeem Arif and others v. Inspector-General of Police, Punjab, Lahore and others 2010 PLC (C.S.) 924 rel. ORDER SHAHID JAMIL KHAN, J.--- Petitioner has challenged merit list for appointment of Elementary School Educator ("ESE") contending that her M.A. degree was not treated as an Academic Degree. 2. The petitioner applied for appointment as ESE, pursuing an advertisement dated 5-10-2008. After due process, merit list was issued and she was placed at serial No.5 therein. Due to non-joining of the successful candidates…

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