Law: Constitution of Pakistan, 1973

Section: 25,27

Law: Teachers Recruitment Policy, 2012

Section: Clause.20

Civil service--- ----Appointment against the post of Female Junior School Teacher (Science)---Male and female candidates could apply for the advertised posts---Appointment of male candidate due to non-availability of female candidate---Discrimination---Effect---Petitioner, female candidate got first position in the Union Council for appointment as Junior School Teacher (Science) but she was not appointed on the ground that there was no vacancy available for a female candidate and male candidate was appointed---Validity---Petitioner obtained higher marks than the male candidates---Department did not consider the petitioner for appointment and male candidate was appointed---Department had made discrimination in the services, in circumstances---No citizen otherwise qualified for appointment in the service of Pakistan should be discriminated with regard to any such appointment only on the ground of race, religion, caste, sex, residence or place of birth---Female candidates could not be deprived to participate in the recruitment process---Department had deprived the petitioner being female gender for the post in question on wrong plea that there was no vacancy for female candidates in the concerned Union Council---Impugned selection and appointment was not in accordance with Art. 27 of the Constitution---Petitioner had made her case for appointment for the post in question---Authority was directed to issue appointment order in favour of petitioner against the post in question within a period of one month---Constitutional petition was allowed, accordingly. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- Petitioner seeks appointment as Junior School Teacher (JST) Science in Education Department, Government of Sindh, on the premise that she applied for the aforesaid post and appeared in the NTS examination and succeeded by obtaining 82 marks. Per Petitioner, she got first position in Union Council-III Dawood Chowrangi, Landhi Town, Karachi. Petitioner has raised her voice and grievance by agitating that the District Recruitment Committee (DRC) recommended a male candidate in her place for appointment as Junior School Teacher in BPS-9 on the ground that there…

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