Law: Sindh Judicial Service Rules, 1994

Section: 9(2)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Sindh Judicial Service Rules, 1994-- ----R. 9(2)--Constitution of Pakistan, 1973, Art. 212(3)--Appointment as Civil Judge--Name of petitioner was on pay roll of serving primary school teacher--Concealment of facts and misrepresentation--Service of petitioner was dispensed with non possessing of active practice license--Probationary period--Appeal--Non-production of NOC from education department--Principle of discrimination--Supreme Court has examined application of petitioner submitted while applying for post of Civil Judge and Judicial Magistrate--Petitioner was enrolled as an advocate of district judiciary on 17.06.2003 and as advocate of High Court on 15.12.2010 without disclosing fact that she was a government servant holding post of primary school teacher thereby represented herself to be a practicing advocate only--If a person is in or was in government service and has chosen to take another government service then such information becomes necessary for background check but she deliberately withheld such information by keeping items Nos. 13 and 14 of application form blank--Resultantly, background check with regard to her past service could not be conducted by concerned authorities of government of Sindh before appointing her as a Civil Judge and Judicial Magistrate--Petitioner joined as Teacher on 11.08.2008 and while continued to hold such post got herself enrolled as advocate of High Court on 15.12.2010--She got herself enrolled by representing herself to be a practicing advocate for at least two years though she only had a standing of about two months i.e. from 17.06.2008 to 11.08.2008, period which she can lawfully claim to be a practicing advocate prior to becoming a fulltime school teacher--She did not serve education department as primary school teacher and yet continued to draw salary of such post--Petitioner appears to have deliberately concealed factum of her employment with education department in order to get enrolled as an advocate of High Court on false representation--Petitioner neither disclosed to High Court that she was in service of education department nor she disclosed to education department, that she needs NOC for applying for post…

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