Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Appointment against the post of Deputy Permanent Delegate at the Permanent Delegation of Pakistan to UNESCO---Criteria---Contention of petitioner was that he secured 68 marks in the competitive process for appointment whereas respondent secured only 62 marks and in interview petitioner was awarded 09 marks whereas respondent was given 18.5 marks and calculation of marks was not made in accordance with law---Validity---Marks obtained by the candidates for appointment against the said post was not the sole criteria---Eighty percent weightage had to be given for the marks obtained in written test whereas twenty percent weightage had to be given to the marks obtained in the interview---Petitioner, in the present case, had obtained 68 out of 100 marks in the written test and 9 marks out of 20 in the interview---Petitioner's marks for written test came to 54.40 and there was no need to give 20% weightage to the marks obtained by the candidates in the interview---Petitioner's total marks came to 63.40 which placed him at 4th position---Respondent obtained 62 out of 100 marks in the written test and 18.50 marks out of 20 in the interview---Respondent's marks for written test came to 49.60 and total marks came to 68.10 which placed her in the 1st position---Clearance of a written test did not by itself create any vested right in the petitioner's favour for appointment against the post in question when test was not the sole criteria for making appointment---Criteria for appointment, in the present case, against the post in question was not just a written test but also an interview---Petitioner was at serial number 4th and he could not be appointed against the said post---Respondent had assumed charge of her new appointment which by itself was a ground not to interfere with the said appointment---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Factual controversy could not be resolved in constitutional jurisdiction of High Court. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.---- Through the instant writ petition, the petitioner,…

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