Case Details

Citation(s)
2020 SLG 1755 2020 SLD 1755 2020 PLC 790
Lahore High Court
W.P. No. 60141 of 2019 and C.M.A. No. 1 of 2020, decision Dated: 14-01-2020
SHAMS MEHMOOD MIRZA, JUSTICE
Saif ur Rehman Jasra for Petitioner. Sardar Qasim Hassan Khan Assistant Advocate-General.

MST. SHABANA MALIK

VS

GOVERNMENT OF PUNJAB THROUGH SECRETARY AND 3 OTHERS

Law:

Section:

Civil service--- ----Eligibility for appointment---Scope---Petitioner filed application before the Chairman, District Recruitment Committee, for being accommodated on the seat lying vacant in government school reserved for the minority quota---Application of the petitioner was dismissed on the ground that the minority quota was liable to be filled up under the new policy---Validity---Clause 16(h) of the Contract Policy 2016-2017 provided that in case a seat reserved for minority quota was not filled up on account of non-availability of suitable candidate, the same would be available to other candidates on open merit list---High Court observed that as soon as the vacancy opened on account of non-availability of the candidate under the minority quota right came to be vested in the next candidate available on the open merit list, which right could not be denied on the ground that the seats would be filled up under the next recruitment policy---Constitutional petition was allowed, order passed by Authority was set aside and it was directed to process the case of petitioner for her appointment to the said post, if she was otherwise eligible. ORDER: C.M. No. 1 of 2020. SHAMS MEHMOOD MIRZA, JUSTICE:---.--- This is an application filed by the petitioner for placing on record the certificate issued by Headmistress Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab stating that the post of Elementary School Educator (Science-Maths) on minority quota is lying vacant in this school. This application is allowed subject to all just and legal exception. MAIN CASE: 2. This writ petition call into question order dated 31-7-2019 passed by the Deputy Commissioner, Khushab/Chairman District Recruitment Committee. 3. The facts of the case in brief are that the petitioner applied for the post of Elementary School Educator (Science-Maths) but could not make up to the merit list. On account of the fact that the seats reserved for the minority quota were lying vacant, the petitioner filed an application before the Deputy Commissioner for being accommodated on the seat lying vacant in Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab.…
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