Law: Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, (XII of 2011)

Section: 7,7(2),8

Civil service--- ----Appointment of Assistant Professor---Petitioner and respondent passed written test for the post in question---Respondent was not allowed to participate in interview due to lack of teaching experience---Respondent filed constitutional petition which was accepted with the direction to Public Service Commission to conduct interview of respondent---Petitioner moved application before Public Service Commission against respondent for inquiry with regard to false representation and concealment of information---Said application was dismissed and respondent being top on the merit list was recommended for appointment against the post in question---Validity---Respondent, on merit, was higher than the present petitioner---Petitioner had levelled allegation that one of the Member of Interviewing Panel was relative of respondent---Petitioner had not made the said Member as party in the present petition---Nothing was on record with regard to allegation made by the petitioner, which had been denied by the respondent---Public Service Commission was not aware with regard to the fact that alleged Member of interviewing panel remained supervisor of respondent while he was pursuing his M. Phil program---Petitioner had levelled bald allegation without any substance---High Court had no jurisdiction to determine factual controversy between the parties requiring recording of evidence---Constitutional petition was dismissed, in circumstances. Syed Asif Majeed and 5 others v. ADC. (C)/SC (L), Lahore and 15 others 2000 SCMR 998 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Through the instant Writ Petition, Dr. Muhammad Munib the petitioner has invoked the Constitutional jurisdiction of this Court with the following prayer:- "It is therefore, humbly prayed that on acceptance of this writ petition to declare that the rejection of the petitioner to the post mention above by the respondent No.1 is based on mala fide without any reason is illegal without lawful authority and to direct respondent No.1 to appoint petitioner against post of Assistant Professor according to the given criteria without any discrimination and set aside notification of respondent No.1…

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