Case Details

Citation(s)
2020 SLG 512 2020 SLD 512 2020 PLC 276
Peshawar High Court
W.P. No. 817-M of 2017, decision & hearing Dated: 26th September, 2018
MUHAMMAD GHAZANFAR KHAN, JUSTICE SYED ARSHAD ALI, JUSTICE
Asghar Ali for Petitioner. Malik Akhtar Hussain Awan, A.A.G. for
Respondents.

SAIFUL HAQ

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY AND 4 OTHERS

Law:

Section:

Civil service--- --Appointment---Petitioner-candidate having qualified written test and interview---Non-joinder of a selectee---Effect---Contention of department was that request of petitioner for appointment at belated stage could not be considered---Validity---Petitioner was the next available candidate top on waiting list after withdrawal of appointment of a selectee---Request for appointment of present petitioner was valid against the post in question---Department was directed to issue appointment order of the petitioner against the post in question with immediate effect---Constitutional petition was allowed, in circumstances. Musa Wazir v. N.W.F.P Public Service Commission 1993 SCMR 1124; Dr. Sumera Tabassum v. F.P.S.C. and others 2016 SCMR 196; Sumara Umar Khan v. Chancellor Gomal University D.I. Khan and 4 others 2014 PCr.L.J 526 and Muhammad Afzal v. Government of Khyber Pakhtunkhwa 2016 PLC (C.S.) 664 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE:---.--- Petitioner seeks constitutional jurisdiction of this Court praying that:- "It is therefore very humbly prayed that, by the acceptance of this writ petition; 1. Appointment order No. 2117-22 dated 05.04.2017 to the extent of appointment of respondent No. 4 against the post of Drawing Master in GMS Bar Batkor, District Shangla, may please be declared illegal, unlawful and ineffective upon the right of petitioner. 2. Respondents Nos. 1 to 3 may please be directed to appoint petitioner against the vacant post of Drawing Master in Government Middle School, Bar Batkor, District Shangla. 3. Any other relief not specifically prayed but this august Court deems proper may also be granted." 2. Arguments of learned counsel for the petitioner and learned A.A.G appearing on behalf of the official respondents were heard and record of the case was thoroughly perused. 3. Through an advertisement dated 01.09.2016 the respondents solicited applications from eligible candidates against various posts including the post of Drawing Master (BPS-15). The petitioner among others applied against the said post and according to the merit list, the petitioner's name is appearing at Sr. No. 13 of the said list. Due to…
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