Case Details

Citation(s)
2016 SLG 1833 2016 SLD 1833 2016 KLR 115
Lahore High Court
Intra-Court Appeal No, 67 of 2015, 2/2/2016
ZAFARULLAH KHAN KHAKWANI AND MUHAMMAD AMEER BHATTI, JJ.

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Govt. Of Punjab, Etc.

VS

Met. Saba Jabeen

Law:

Section:

Keywords: Result: appeal allowed JUDGMENT ZAFARULLAH KHAN KHAKWANI, J. - By way of instant Intra-Court Appeal the appellants have called in question order dated 5.5.2015 passed by learned Judge-in-chamber of this Court in Constitutional petition bearing W.P. No, 1541 of 2015 whereby the respondent has been directed to be appointed as E.S.E. (Sci.-Math.). 2. Facts of the case, in brevity, are that Mst. Saba Jabeen, respondent, in response to the advertisement floated in the newspaper on behalf of appellant No, 2, applied for the post of ESE (Sci.-Math) having qualification B.Sc., B.Ed. However, she was not appointed which compelled the respondent to file the above cited constitutional petition which was accepted and the learned Judge-in-chamber of this Court directed the appellants to appoint the respondent in accordance with law. Feeling aggrieved of the said order the appellants have assailed the same by way of instant Intra-Court Appeal, as mentioned above. 3. Although notice in this appeal has not yet been issued to the respondent, but Ch. Shafi Muhammad Tariq, Advocate has put in appearance at preliminary stage by submitting that he is on watching brief and seeks permission to represent the respondent in this case. This being the position, this appeal is being decided after hearing both the parties as a notice case. 4. Learned Law Officer representing the Government/appellant submits that required qualification for the post applied by the respondent was inter alia B.Sc. With at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course Math whereas the respondent passed her graduation with the combination of Economics, Advance Computer and Statistics which did not match with the required qualification. Further submits that in the advertisement the above-said condition was relaxed by adding that if the candidate was not B.Sc. With at least two above-indicated subjects then he must be B.Sc./B.A. With F.Sc. The learned Law Officer submits that neither the respondent is having qualification of F.Sc. In Pre-Medical nor in Pre-Engineering group and has passed the same in General Science Group with the subjects of Physics,…
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