Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Vested right---Petitioners applied for the post of Physical Education Teacher and after going through the process of recruitment, petitioners were placed at Serial Nos.1 and 2 of the merit list---Petitioners' names were subsequently deleted from the merit list on the ground that prescribed qualification for the post in question was Junior Diploma in Health and Physical Education while the petitioners were holding Senior Diploma in Health and Physical Education---Contention of the petitioners was that they were entitled for appointment and a vested right had been created in their favour on account of figuring of their names at Serial Nos.1 and 2 of the merit list---Validity---Prescribed qualification for the post in question was B.A., B.Sc. or equivalent eligibility with one year Junior Diploma in Physical Education course or equivalence certificate from Pak Army or other equivalent eligibility---Petitioners were holding Senior Diploma in Physical Education and if their qualification was not equivalent to the requisite qualification/criteria question would arise as to why their applications were entertained and why they were allowed to participate in the whole process of recruitment---Once the petitioners took part in the entire process of recruitment and got high scoring position, then a vested right had accrued in their favour, which could not be taken away without bringing on record any cogent and strong reason, moreso, when in the constitutional petitions, the SDPE's holders were allowed to compete for the purpose and subsequently appointed having high merit position, hence, the case of the petitioners being on the same footing, they could not be dealt with on different yardstick---Constitutional petition was allowed in the circumstances. THIS JUDGMENT DELIVERED BY: MUSARRAT HILALI, JUSTICE:---.--- Petitioners, through instant petition, seek issuance of an appropriate writ directing the respondents to appoint them on the post of PET being the holder of highest qualification and on top of merit list. 2. Facts as divulged from the petition are that respondent…

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