Case Details

Citation(s)
2020 SLG 557 2020 SLD 557 2020 PLC 264

W.P. No. 189 of 2018, decision Dated: 27-03-2019, hearing Date : 25-03-2019
MALIK HAQ NAWAZ, JUSTICE ALI BAIG, JUSTICE
Raja Shakeel Ahmed for Petitioners. Assistant Advocate-Genera assisted by Rashid Ali, Islam-ud-Din and Naveed Hussain

EHSAN UL HAQ

VS

THE PROVINCIAL GOVERNMENT GILGIT-BALTISTAN THROUGH CHIEF SECRETARY GILGIT-BALTISTAN, GILGIT AND 8 OTHERS

Law: Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009

Section: 71(2),86(2)

(a) Civil service--- ----Appointment on the post of Tehsildar---Scope---Petitioner was at serial No 29 of merit list and 33 candidates were required to be selected---Petitioner should have been selected on the initial merit list and not on any subsequent list---Candidate was serving as Naib Tehsildar since 2017 and had gained sufficient experience of administration in the field---Induction of petitioner as Tehsildar would be in the interest of State---Authorities were directed by the Chief Court to appoint the petitioner as Tehsildar instead of Development Officer against a vacant post and if no post of Tehsildar was available then he might be appointed as Tehsildar against minority quota as a special case which was lying vacant---Writ petition was allowed, in circumstances. (b) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009--- ----Arts. 71(2) & 86(2)---Writ jurisdiction of Chief Court---Subsequent events, notice of---Scope---Chief Court could take notice of subsequent events and mould the relief according to the grounds realities even same had not been claimed. 2005 MLD 71 and 2005 YLR 327 rel. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.---- The petitioner applied for the posts advertised by FPSC on 9-04-2017 and appeared in the written examination 2017 held by FPSC under roll No. 00362. The result of the said examination was announced on 05-01-2018, which reflects that 213 candidates have qualified the written test. The petitioner scored 505/800 in written test, while 190/300 in viva and thus he scored total 695/1200 marks. 2. The total marks obtained be respondents Nos. 5, 6 and 7 are under:- Marks Written Viva Total a. Shaista Shehbaz 484 200 684 b. Ammara Tabassum 462 210 672 c. Arifa 455 185 640 Strangely, while preparing the final merit the respondent No. 3 (FPSC) selected respondents Nos. 5, 6 and 7, who were below than the merit of the petitioner. The respondent No. 3 appointed two candidates namely Mehboob Ullah and Sadat Ali Changezi, who scored 696 marks, as evident from serial No. 27 and serial No. 28 of merit list and then by a long jumping they, showered their blessing to the candidates of serial Nos. 39, 48 and…
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