Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 7,7(2),8

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Advertisement for post of Assistant Professor--Test and interview was conducted--Name of respondent was not induced in merit list--Filling of writ petition--Allowed with directions for issuance of call letter--Inclusion of name--Filling of application for inquiry against respondent in respect of false misrepresentation and concealment of information--Rejected--Recommendations for appointment of respondent basic required qualification--Challenge to--On merit Respondent No. 6 is higher than present petitioner--Although Petitioner has leveled allegation that said Dr. Bushra who was member of interview panel is close relative of Respondent No. 6, however be did not file any evidence regarding same--Even said Dr. Bushra has not been made as party to this petition--There is nothing on record regarding relation of Dr. Bushra with Respondent No. 6 hence this bald allegation is without any substance--Dr. Bushra was course supervisor of Respondent No. 6 in his M.Phil program, it will not raise a presumption that she would have favored Respondent No. 6--Even otherwise, Constitutional Court has no jurisdiction to determine factual controversy between parties which otherwise required elaborated inquiry including recording of evidence--Degree awarded to Respondent No. 6 still holds field, therefore has been validly considered for impugned post as essentially KPK PSC had no mandate to annul any degree obtained by a candidate-- Objections raised by present petitioner are misconceived--Petition was dismissed. 2000 SCMR 998 ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through the instant Writ Petition Dr. Muhammad Munib the petitioner has invoked the Constitutional jurisdiction of this Court with the following prayer: "It is therefore, humbly prayed that on acceptance of this writ petition to declare that the rejection of the petitioner to the post mention above by the Respondent No. 1 is based on malafide without any reason is illegal without lawful authority and to direct Respondent No. 1 to appoint petitioner against post of Assistant Professor according to the given criteria without any…

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