Law: Constitution of Pakistan, 1973

Section: 129,199

Law: Bank of Khyber Act, 1991

Section: 12

Constitution of Pakistan, 1973-- ---Art. 199--Bank of Khyber Act, 1991, S. 12--Advertisement for post of Managing Director--Selection criteria--Recommendations of Selection Committee--Dissenting note--Recruitment process--Mala fide--Challenge to--Procedure adopted by Selection Committee, cannot be found to be arbitrary or in any way discriminatory or illegal--It is settled law that one has to give credit to selection committee for making assessment and it shall not be subjected to appeal--Recommendations of Selection Committee being approved by Provincial Government, cannot be set-aside or vitiated on ground of dissenting note of one of members of Selection Committee, who has otherwise awarded highest marks to selectee/approved candidate than petitioner--All recruitment process right from inception till finalization have been conducted by official respondents in accordance with criteria laid down by Provincial Government for appointment against post of Managing Director Khyber Bank and has rightly approved by Competent Authority i.e. Government viz. Chief Minister and its Cabinet--Petitioner has failed to show any mala fide on part of respondents or any discriminatory treatment meted out to him--His candidature has not been dropped due to episode as alleged by respondent in his letter dated 02.02.2018, rather, as per his merit position, which was low not only than respondent but other candidates--Majority of members i.e. 06 have participated in process and have unanimously recommended Respondent No. 11 for appointment against questioned post--One of members could not participate due to his personal inability, therefore, mere non-participation of one of members which has not prejudiced petitioner, would not vitiate entire process of recruitment--Petition was dismissed. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, J.- Petitioner Amjad Ali Arbab, hailing from District Peshawar, claiming to be a professional banker having experience of around three decades in the development and commercial banking, by invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("the Constitution"), seeks…

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