Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ---Art. 199--Constitutional petition--Application for post of E.S.E.--Non-awarding marks of M.A--Merit list--Appointment policy--Recalculation of merit--Direction to--Petitioner has not been awarded marks of MA whereas petitioner had obtained division in graduation degree--Action of respondents in not allowing marks for 3rd Division in M.A. despite fact that petitioners are 1st Divisioners in BA is declared to be ultra vires Appointment policy and matter is remanded to Respondent No. 4 to recalculate merit of petitioner keeping in view afore referred observations made by Court and reconsider petitioner's claim--Petition was allowed. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- Through this single order, I intend to decide this petition alongwith connected matters bearing Writ Petition Nos. 14993, 15690 and 15691 of 2017 as common question of law and facts is involved in all these petitions. 2. Through this constitutional petition, the petitioner has made the following prayer: "Under the above submissions, it is therefore, most respectfully prayed that this petition may very kindly be accepted and the impugned final list (Annex-E) to the extent of placement of name of petitioner at Sr. No. 17 instead of Sr. No. 01 may kindly be declared illegal, against law and facts, be set aside and respondents may kindly be directed to issue appointment letter to the petitioner for the post of(ESE) to meet the ends of justice and appointment letter issued in favour of Respondent No. 6 may kindly be declared, against law and recruitment policy, be set-aside. It is further prayed that Respondent No. 3 may also be directed to award marks i.e. 6.62 of M.A. English and thereafter revised the final merit list." Whereas in the connected petitions, the petitioners seek setting-aside of the impugned orders passed by Respondent No. 2 whereby complaints filed by the petitioners against inaction of the respondent/department were dismissed. 3. The grievance of the petitioner is that the petitioner is 1st Division in BA and holds 3rd division in MA. The respondents initially allowed the marks to the petitioner for MA degree which were later…

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