Case Details

Citation(s)
2023 SLG 437 2023 SLD 437 2023 PLC 426
Balochistan High Court
Constitutional Petition No.234 of 2016, decided on 18th January, 2021. Date of hearing: 26th November, 2020.
NAEEM AKHTAR AFGHAN AND ZAHEER-UD-DIN KAKAR, JJ
Muhammad Aamir Rana, Muhammad Arif Achakzai and Haq Dad Baloch for Petitioners Nos.1 and 2. Abdul Zahir Kakar and Noor Muhammad Kakar for
Respondent No.3. Zahoor Ahmed Baloch, Assistant Advocate General (A.A.G.) assisted by Lal Jan, DEO Zhob, Musa Khan,

GUL MIR KHAN and 2 others

VERSUS

GOVERNMENT OF BALOCHISTAN through Secretary Education Balochistan Quetta and 4 others

Law:

Section:

(a) Civil service--- ----Appointment to advertised post---Scope---Two of the petitioners claimed employment in Education Department as Junior Vernacular Teacher (JVT) against the posts reserved for disabled persons---Validity---One post of JVT was available for disabled person---One of the petitioners had secured 40.04 marks, the other had secured 43.93 marks and the person who was appointed as JVT had secured 48.78 marks---Since the appointment against one post reserved for disabled person as JVT had been made on merits and the petitioners had secured marks lesser than the appointed disabled person, therefore, petitioners were not entitled for the relief claimed---Constitutional petition was dismissed to their extent. (b) Civil service--- ----Appointment to advertised post---Scope---Petitioner claimed employment in Education Department as Junior Education Teacher (JET) against the posts reserved for disabled persons---Petitioner had qualified the National Testing Service (NTS) test and was entitled for appointment as JET against the post reserved for disabled person but he was not issued appointment order by the competent authority and his appeal before the Divisional Complaint Redressal Cell was rejected on the ground that the degree issued by the concerned University was not recognized by the Higher Education Commission---Counsel for Higher Education Commission had not only confirmed that the University was accredited and recognized by the Higher Education Commission but had also verified the degree of the petitioner---Disability Certificate of the petitioner was got verified by the High Court, it was held that petitioner was entitled to the relief claimed for---Constitutional petition to his extent was accepted. JUDGMENT NAEEM AKHTAR AFGHAN, J.----In the instant constitution petition, the petitioners have claimed the following relief: a. Set aside the impugned order 04/01/2016 passed by Divisional Complain Redressal Cell whereby the appeals filed by the petitioners were rejected. b. Direct the respondents to calculate the quota of disabled persons on the basis of total sanctioned strength in the light of Section 10 of the Disabled Persons (Employment and…
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