Case Details

Citation(s)
2018 SLG 124 2018 SLD 124 2018 PLC 29
Balochistan High Court
Constitution Petition No. (S)223 of 2016, decision Date : 09-01-2017, hearing Date : 26-12-2016
NAZEER AHMED LANGOVE, JUSTICE, MUHAMMAD HASHIM KHAN KAKAR, JUSTICE
Nemo for Petitioner. Abdul Latif Kakar, Asstt. A.G. for State.

MUHAMMAD AKBER

VS

THE SECRETARY, EDUCATION GOVERNMENT OF BALOCHISTAN & 5 OTHERS

Law:

Section:

(a) Civil service--- ----Appointment of Teacher and Mo'alam-ul-Quran---Candidate having qualification of Shahadat-ul-Aalia---Appointment order/letter in favour of candidate was not issued on the ground that degrees possessed by him did not qualify the requirements of posts applied for---Validity---No illegality or irregularity had been committed by the department while issuing appointment orders in favour of qualified persons---Competent authority found the degrees of candidate invalid for the subject posts---No discrimination had taken place---High Court, while exercising constitutional jurisdiction, could not reverse the decision with regard to policy matters applicable to the candidates/participants without any discrimination---No Fundamental Right of petitioner guaranteed under the Constitution having been violated or denied, High Court could not enter into factual controversy which could only be resolved after thorough probe and recording evidence---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---High Court could not enter into factual controversy which could only be resolved after thorough probe and recording evidence. THIS JUDGMENT DELIVERED BY: NAZEER AHMED LANGOVE, JUSTICE:---.--- Following prayer has been made in the instant Constitutional petition:- "It is therefore, prayed that in view of the above submissions this Hon'ble Court be pleased to declare the appointment of respondents Nos.5 and 6 dated 01.01.2016 as null and void as well as against the merit lists, and the same are liable to be cancelled, and further this Hon'ble Court be pleased to direct the respondent No.3 to act according to the final merit lists of NTS with regard of Junior Arabic Teacher and Mowalam-ul-Quran, in the interest of justice, fair play and equity please. Any other relief which deemed fit and proper by this Hon'ble Court may also awarded according the circumstances". 2. Brief facts leading to file this Constitutional petition are that the petitioner filed the instant petition with the averments that he is an educated person having religious qualification of Shahadat-ul-Aalia (equal…
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