| Citation(s) |
|---|
| 2018 SLG 2328 2018 SLD 2328 2018 PLJ 204 |
Supreme Court of Pakistan
C.P. No. 216-Q of 2017, decision & hearing Dated: 04.01.2018. (On appeal against the judgment Dated 08.11.2017 passed by the High Court of Balochistan, Quetta in Constitution Petition No. 721 of 2015).
MIAN SAQIB NISAR, HCJ FAISAL ARAB, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Mr. Tariq Mehmood, Sr. ASC for Petitioner. Mr. Ayaz Swati, Addl. A.G. for
Respondents No. 1 & 2. Nemo for
Respondent No. 3.
C.P. No. 216-Q of 2017, decision & hearing Dated: 04.01.2018. (On appeal against the judgment Dated 08.11.2017 passed by the High Court of Balochistan, Quetta in Constitution Petition No. 721 of 2015).
MIAN SAQIB NISAR, HCJ FAISAL ARAB, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Mr. Tariq Mehmood, Sr. ASC for Petitioner. Mr. Ayaz Swati, Addl. A.G. for
Respondents No. 1 & 2. Nemo for
Respondent No. 3.
JAHANZAIB MALIK
VS
BALOCHISTAN PUBLIC PROCUREMENT REGULATORY AUTHORITY THROUGH CHAIRMAN BOARD OF DIRECTORS AND OTHERS
Law:
Section:
Constitution of Pakistan, 1973-- ----Arts. 185(2) & (3)--Post of Director (Monitoring & Evaluation)--Baluchistan Public Procurement Regulatory Authority--Allegations of Lacking requisite eligibility criteria--Appointment on public post--Delayed issuance of degree--Petitioner was appointed as post of Director (Monitoring & Evaluation), which was challenged by respondent through constitutional petition before High Court--Granted extension of 2 years during pendency of petition--High Court quashed appointment order on ground that petitioner did not possess requisite qualification.--Challenge to--Petitioner contended that qualification for appointment was masters degree in Social Sciences or equivalent and 5 years experience in relevant field, which he possessed, as such, High Court erred in law and fact--Validity--Petitioner had applied for post of Director, monitoring and evaluation in BPPRA, last date for submission of application was 28-08-2014--At time, when petitioner filed his application, he mentioned his qualification as holding a masters degree in electronic business management from University of Warwick, UK and MBA degree from Institute of Business Administration Karachi--Year of completion of degree was mentioned as 2014--Petitioner was at top of list on basis of his performance in test and interview--Documents also indicate that petitioner has completed his degree in January 2014, with an cumulative grade point average of 3.19--Degree was formally issued on 7th of March 2015 for reasons beyond control of petitioner--Degree itself shows that petitioner had completed requisite course and examination in academic year 2014--Transcript issued also verifies fact that petitioner had completed his degree in year 2014--Degree itself shows that petitioner had successfully completed requisite course work and examination in academic year 2014--Appeal allowed. THIS ORDER PASSED BY: IJAZ-UL-AHSAN, J.- The petitioner seeks leave to appeal against a judgment of the Division Bench of the High Court of Balochistan dated 8.11.2017. Through the impugned judgment, Constitutional Petition No. 721 of 2015 filed by Respondent No. 3 was partly allowed and the order…
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