Law: Khyber Pakhtunkhawa Board of Intermediate and Secondary Education Act, 1990

Section: 3,11,12,20(2)

(a) Khyber Pakhtunkhwa Boards of Intermediate and Secondary Education Act (V of 1990)--- ----Chap. XXVIII---Superintendent of Board of Intermediate and Secondary Education---Promotion against the post of Assistant Controller---Discretion, exercise of---Requirements---Authority in case of available vacant posts was bound to first fill two posts by promotion from the next lower grade on the basis of seniority-cum-merit or on deputation and the third being a selection post should be filled from the employees of the Board---When authority had been conferred with the powers of discretion then same was to be exercised in a judicious, transparent and impartial manner---Equal opportunity was to be provided to the employees of the Board as well as other civil servants in the service of Pakistan/Province---No post of Assistant Secretary / Controller so far had been filled from the employees of the Board---Board authorities were directed to immediately fill one third of the posts of Assistant Secretary/Controller by selecting the employees of Board and remaining posts on promotion from the employees in their respective cadres on the basis of seniority-cum-merit or deputation---Constitutional petition was disposed of, accordingly. Abdul Wahab and another v. Secretary, Government of Balochistan and another 2009 SCMR 1354; Tariq Aziz-ud-Din's case 2010 SCMR 1301 and Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257 rel. (b) Discretion--- ----Government functionary---Exercise of discretion----Principles--- Government functionaries are expected to use the discretionary powers in such a way that the person(s) against whom that discretion is exercised faces certain appreciable disadvantages which he would not have faced otherwise as improper use of discretionary powers can lead to discrimination. M.Q.M. and others v. Province of Sindh and others 2014 CLC 335 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Rizwan Ullah, the petitioner, who is working against the post of Superintendent in the Board of Intermediate and Secondary Education, Swat has invoked the Constitutional…

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