| Citation(s) |
|---|
| 2021 SLG 1644 2021 SLD 1644 2021 SCMR 1204 |
Supreme Court of Pakistan
Civil Miscellaneous Applications Nos. 1824, 2357 and 2358 of 2021 in Civil Petitions Nos. Nil of 2021 and Civil Petitions Nos. 802 and 979 of 2021, decided on 19th May, 2021, Date of hearing: 19th May, 2021. (CMAs have been filed seeking permission to fil
SYED MANSOOR ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
M. M. Aqil Awan, Senior Advocate Supreme Court for Applicants/Petitioners (in C.M.As. 1824, 2357, 2358/2021 and C.P. 979/2021). Javed A. Khan, Advocate Supreme Court for
Respondents Nos.1-8 (in C.M.A. 1824/2021). Nemo for other
Respondents.
Civil Miscellaneous Applications Nos. 1824, 2357 and 2358 of 2021 in Civil Petitions Nos. Nil of 2021 and Civil Petitions Nos. 802 and 979 of 2021, decided on 19th May, 2021, Date of hearing: 19th May, 2021. (CMAs have been filed seeking permission to fil
SYED MANSOOR ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
M. M. Aqil Awan, Senior Advocate Supreme Court for Applicants/Petitioners (in C.M.As. 1824, 2357, 2358/2021 and C.P. 979/2021). Javed A. Khan, Advocate Supreme Court for
Respondents Nos.1-8 (in C.M.A. 1824/2021). Nemo for other
Respondents.
GHAYASUDDIN SHAHANI AND OTHERS
VS
AKHTAR HUSSAIN AND OTHERS
Law:
Section:
(a) Civil service--- ----Posts of vaccinators (BPS-6)---Qualifications for candidates---Recruitment process---High Court in the impugned the High Court had addressed all the issues those were brought forth in the recruitment process---Recommendations made by the High Court were in furtherance of clarity in the (recruitment) process and certainly would defeat any chance of nepotism, favourtism and undue enrichment of individuals---High Court had also given directions to establish an institute for training of vaccinators and in the meanwhile, the successful candidates of the interview had been required to undergo training of vaccinator---Said direction of High Court was specifically very timely and beneficial to public at large when such vaccinators were primarily meant to deal with infants and the younger generation---No fundamental right of the petitioners had been infringed because the recruitment process was initiated through advertisement with certain terms and conditions and only those who fulfilled those conditions were eligible to be appointed---Petitions for leave to appeal were dismissed and leave was refused. (b) Civil service--- ----Posts of vaccinators (BPS-6)-- Appointment process---Selection of candidates on union-wise basis instead of district or provincial level---Legality---Basic purpose of (selecting vaccinators for the) Expanded Program on Immunization (EPI) was to control the spread of Vaccine Preventable Diseases among infants/children and this target could not be achieved unless it went to grass roots level, which meant that it needed to be spread over the union council level by making appointments of the vaccinators from the concerned union councils enabling the public at large to benefit from the same---Secondly, it was specifically mentioned in the advertisement that an applicant must be resident of the same union council---Petitions for leave to appeal were dismissed and leave was refused. (c) Civil service--- ----Advertisement for a post---Terms of advertisement---Scope---Whatever the terms of the advertisement were, the appointments must follow the criterion as disclosed therein without any departure so that no one could raise any…
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