Case Details

Citation(s)
2020 SLG 2365 2020 SLD 2365 2020 PLC 1326
Peshawar High Court
Writ Petition No. 763-D of 2016, decided on 27th November, 2019, Date of hearing: 27th November, 2019.
S.M. ATTIQUE SHAH, JUSTICE SAHIBZADA ASADULLAH, JUSTICE
Saleemullah Khan Ranazai for Petitioners. Kamran Hayat Miankhel, Additional Advocate General. Salim Jan and Muhammad Afzal Nadir for
Respondents

AHSAN RASHID AND 3 OTHERS

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY EDUCATION (E&S), PESHAWAR AND 21 OTHERS

Law:

Section:

Civil service--- ----Appointment---Eligibility for appointment to the post---Basic requirement for the post was a typing speed of 25 words per minute, besides that 100 marks were for educational qualification and another 100 marks were for NTS (National Testify Service)---Analysis of merit list revealed that the petitioners had succeeded in obtaining qualifying marks out of 200 marks but they had failed in typing test---Court could not substitute its opinion for that of the Interview Committee---Constitutional petition was dismissed. 2014 SCMR 157; 2015 SCMR 112 and 2000 SCMR 966 rel. JUDGMENT SAHIBZADA ASADULLAH, J.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the following relief:- For the aforesaid reasons, it is, therefore, respectfully prayed that on acceptance of this petition, this Honble Court may kindly be pleased to issue a writ by directing the respondents specially respondent No. 4 to act in accordance with law, rules and terms and conditions of the advertisement and to appoint the petitioners, who are otherwise on merits. Any other relief deemed appropriate in the circumstances may also be granted. 2. The brief facts of the case out of which the instant petition arise are that by means of an advertisement in the newspaper the respondents invited application for appointment against the different posts including the post of Junior Clerk (BPS-11), on the terms and conditions mentioned therein which were to be filled against the vacant vacancies. In pursuance thereof, petitioners applied for the same and qualified the written test but could not find their names in appointment orders despite the fact that private respondents were below in merit, hence, the instant petition. 3. On direction of the Court, the official respondents submitted their para-wise comments, wherein they contended that the petitioners failed in typing speed test and the appointment of private respondents were made as per policy in vogue. 4. Arguments heard and record perused. 5. Primary and critically important question involved in the petition is that the basic requirement for the post of…
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