Law: Constitution of Pakistan, 1962

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Application for posts of PST--Obtaining of No. 4, position in provisional merit list--Denial for appointment--Departmental selection committee--Process of appointment--Procuring of disability certificate after cut-off date--Violation of rights of petitioner--Direction to--It is evident from minutes of Departmental Selection Committee that it had met by which date disability certificate had duly been issued and presented to them--It is mentioned in minutes of Departmental Selection Committee that certificate had been produced before selecting authorities but it was not considered for only reason that same had been issued after closing date--It has not been a reason sufficient for disqualifying petitioner in process of recruitment--It is not denied that petitioner has been a special person having a physical disability--Mere procuring of certificate after cut-off date would not therefore debar him from appointment, when he was otherwise entitled to be appointed on post of PST--When disability certificate was produced by petitioner during process of recruitment, and it has nowhere been disputed that petitioner has been a special person, then disability certificate issued by competent forum was a sufficient proof of fact of disability of petitioner, which should have been considered by appointing authority--We find denial of Respondent No. 3 to petitioner for appointment on post of PST, as inappropriate, irrational and violative of rights of petitioner to be treated in accordance with law--We would therefore direct that petitioner shall be appointed without removing Respondent No. 6--Petition was allowed. 2018 SCMR 414 ref. JUDGMENT Wiqar Ahmad, JUSTICE. is aggrieved of denial of respondents in respect of his appointment on the post of Primary School Teacher (hereinafter called as PST) in the two percent quota reserved for special persons. 2. Petitioner has contended in his writ petition that Respondent No. 3 i.e. District Education Officer (M) Malakand invited applications for the posts of PST by publishing proclamation in daily newspapers. He applied for appointment against the posts, qualified his NTS test and was…

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