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

Section: 3

(a) Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act (XII of 2011)--- ----S.3---Appointment against the post of Primary School Teachers---Condition applying only against five schools in a particular union council---Locus poenitentiae, principle of---Applicability---Policy whereby a restriction had been imposed upon the candidates only to apply against five seats in a particular union council had resulted into anomalies, irregularities and discrimination in the process of appointment against the post of Primary School Teachers---Even said policy contradicted itself that if required seats could not be filled owing to non-availability of eligible candidates then candidate from adjoining union council could be considered against the said post---If a candidate was not allowed to apply against more than five available posts then he should not be considered against the post which was available in the adjoining union council for which the candidate had never applied---Provision of S.3 of Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011 did not impose restriction that a candidate could only apply against five seats in any union council---When parent statute did not cast any restriction on the candidate to apply against a certain number of posts then subordinate authority or executive could not formulate any policy or rule restricting a candidate to apply only against limited number of schools---Present policy of respondents was not only against the merit but it also did offend S.3 of Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011---Policy restraining a candidate only to apply against five seats within a union council was discriminatory, irrational, unreasonable and contrary to S.3 of Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011 which was struck down---Candidate who belonged to a particular union council was also eligible to…

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