| Citation(s) |
|---|
| 2020 SLG 327 2020 SLD 327 2020 PLC 45 |
Peshawar High Court
Writ Petition No. 3483-P of 2019, decision & hearing Dated: 27-08-2019.
IJAZ ANWAR, JUSTICE WIQAR AHMAD, JUSTICE
Petitioner(s) by: Gohar Ali Khweshgi
Respondent(s) by: Arshad Ahmad, Additional Advocate-General
Writ Petition No. 3483-P of 2019, decision & hearing Dated: 27-08-2019.
IJAZ ANWAR, JUSTICE WIQAR AHMAD, JUSTICE
Petitioner(s) by: Gohar Ali Khweshgi
Respondent(s) by: Arshad Ahmad, Additional Advocate-General
MST. ZILLEHUMA
VS
SECRETARY EDUCATION (HIGHER EDUCATION) COLLEGE AND COMMERCE, KHYBER PAKHTUNKHWA, PESHAWAR AND 3 OTHERS
Law: Constitution of Pakistan, 1973
Section: 25
Law: Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989
Section: 3(2)
Civil service--- ----Appointment---Candidate having qualified written test was not called for interview due to lack of experience---Different criteria for experience for the post of different Directorates---Reasonable classification---Scope---Requisite qualification required in the impugned advertisement was based upon Service Rules of concerned departments---Different directorates might require different standard for teaching staff employed by them for various disciplines---Qualification must be adjudged by the relevant departments as they had technical expertise---High Court could not have the expertise required for fixing the said criteria nor it was the job of the Court---Different people having different qualification or experience might be treated differently and this would be reasonable classification---Petitioner had not impugned the relevant Service Rules whereupon the qualification required in the impugned advertisement had been provided---Requisite qualification had been provided in the relevant Service Rules which had been framed by the respective departments---Criteria or qualification required in the advertisement could only be challenged when vires of Service Rules had been challenged---Constitutional petition was dismissed, in circumstances. Abid Hussain Sherazi v. Secretary M/O Industries and Production, Government of Pakistan, Islamabad 2005 SCMR 1742 rel. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, J.--- The petitioner namely Mst. Zill-e-Huma has filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer: - "On acceptance of this Writ Petition, the term 11 years experience asked by Director of Higher Education may please be declared null and void and directed the respondent No.1 to notify 5 years instead of 11 years at the analogy of Notification Serial Nos.93 and 94 of Advertisement No.03/2018 PSC, Khyber Pakhtunkhwa Peshawar, Director General of Commerce Education and Management Science as both are under the supervision of respondent No.1". 2. Brief facts of the case are that Public Service Commission vide consolidated Advertisement No.03/2018 invited applications for a…
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