Law:

Section:

Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--- ----Preamble---Appointment against the post of Secretary, Village/ Neighbourhood Council---Plea of petitioner was that he secured 70 marks in written examination but he was deprived of appointment---Validity---Candidate obtained 70 marks but failed in computer test and interview---High Court, under its constitutional jurisdiction, could not enter upon the domain of the interviewing authorities or could question the computer test conducted by the authorities---Every department while making any appointment was bound by the recruitment policy formulated under the provisions of Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989---No illegality or irregularity had been committed by the department while making the impugned appointment---Capability of candidate could not be adjudged without conducting computer test---High Court could not enter into domain of appointing authority or selection committee to judge the potential of a candidate---Constitutional petition was dismissed in circumstances. 2014 SCMR 157; 2015 SCMR 112 and 2000 SCMR 966 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, JUSTICE:---.--- Though the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioner Sanaullah has prayed for the following relief:-- "It is, therefore, humbly prayed that on acceptance of this writ petition the appointments of respondents Nos.9 to 11 be declared as illegal, against the law and based on ulterior motives and to direct the respondents to appoint the petitioner against the subject post as per merit list in any village council of Union Council Miran, D.I. Khan or any other relief deemed fit may also be given to the petitioner." 2. Brief facts as spelt out from the writ petition are that pursuant to the advertisement for the post of Village/Neighbourhood Council Secretary, floated by Rural Development Department, Khyber Pakhtunkhwa, the petitioners appeared in the NTS exam and passed the same by securing 70 marks in provisional list containing aggregate marks. That the official respondents issued…

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