Law: Constitution of Pakistan, 1973

Section: 199

Civil service--- ----Advertisement for appointment---Change of nomenclature---Scope---Petitioner was appointed as Physiotherapist but nomenclature of the same was changed as Nursing Sister and was appointed as such---Application of petition for appointment as Physiotherapist was kept pending---Validity---Appointing department was competent forum to make regulations and decide affairs for the smooth running of the Institution---Creation of post was made after adopting all legal process for the recruitment of the said post through Selection Board of the department which was approved by the Government---Appointment against the post in question was made on merits, in a transparent manner on the recommendation of Selection Board---Petitioner had no vested right to be appointed on the seat against which she did not fulfill the basic qualification---Department could not be restrained from appointing other person on merit and as per the requirements---Said other person had higher qualification in the relevant field, who was given preference as per advertisement whereas petitioner who was claiming better qualification than the other person was found to be lacking of any additional requisite qualification---Petitioner, therefore, could not be appointed by the Selection Board---Petitioner who on one hand had applied for the vacant post on the basis of advertisement but on the other hand had challenged the validity of said advertisement could not be allowed to blow hot and cold at the same time---Application of petitioner for change of designation as Physiotherapist was duly considered and dismissed by the competent authority---Petitioner's application for the post of Physiotherapist was still pending before the department---Constitutional petition being pre-mature, was dismissed. Saima v. Government of Balochistan through Secretary Education Department and another 2014 PLC (C.S.) 579 and Government of Punjab through Secretary S&GAD, Lahore and others v. Zafar Maqbool Khan and others 2012 SCMR 686 ref. Muhammad Gul v. Government of Balochistan through Secretary Technical and Higher Education, Quetta and 2 others 2016 PLC (C.S.) 34 and Government of Khyber Pakhtunkhwa…

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