| Citation(s) |
|---|
| 2021 SLG 1086 2021 SLD 1086 2021 PLC 566 |
Peshawar High Court
Writ Petition No. 466-M of 2019, decided on 2nd December, 2019, Date of hearing: 2nd December, 2019.
SYED ARSHAD ALI, JUSTICE, WIQAR AHMAD, JUSTICE
Syed Abdul Haq for Petitioner. Wilayat Ali Khan, A.A.G. for
Respondents.
Writ Petition No. 466-M of 2019, decided on 2nd December, 2019, Date of hearing: 2nd December, 2019.
SYED ARSHAD ALI, JUSTICE, WIQAR AHMAD, JUSTICE
Syed Abdul Haq for Petitioner. Wilayat Ali Khan, A.A.G. for
Respondents.
ALAMGIR KHAN
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA, THROUGH SECRETARY ELEMENTARY AND SECONDARY EDUCATION AT PESHAWAR AND 7 OTHERS
Law:
Section:
Civil service--- ----Appointment against the post of Certified Teacher---Candidate having completed degree after cut-off date given in the advertisement for filing of applications---Candidate completed his M. Ed. degree after cut-off date for filing of applications and he was not awarded additional marks---Validity---Candidate was student of M. Ed. on cut-off date for submitting application and after a year he had completed his course and obtained the degree---Claim of candidate that marks of M.Ed. should have been counted towards his total marks was neither reasonable nor justified, in circumstances---Candidate had not completed course and was not qualified for the grant of the degree on cut-off date given in the advertisement---Marks for said degree had rightly been denied to the candidate, which action of authorities could not be termed as unlawful or violative of the rights of the candidate---Constitutional petition was dismissed, in circumstances. Jehanzeb Malik v. Balochistan Public Procurement Regulatory Authority 2018 SCMR 414 distinguished. Asif Hassan and others v. Sabir Hussain and others 2019 SCMR 1720 rel. JUDGMENT WIQAR AHMAD, J.--- This order is directed to dispose of W.P. No. 466-M of 2019 filed by the petitioner against respondents under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. Petitioner applied to the post of Certified Teacher (hereinafter referred to as CT) in BPS-15 in response to the advertisement published in daily newspapers wherein the cut-off date for filing the applications had been mentioned as 20.12.2017. The petitioner had opted for appointments in five schools according to the policy, but could not be appointed. The petitioner has however claimed that he was not placed in his due position in the merit list as the additional marks for having M.ED degree had been denied to him. 3. Respondents were summoned, who submitted their para-wise comments, wherein they took the plea that the petitioner was low in merit and therefore could not be appointed. Respondents have also contended in their comments that the additional marks for M.ED degree could not be given to the petitioner for the reason that he had…
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