| Citation(s) |
|---|
| 2020 SLG 1704 2020 SLD 1704 2020 PLC 499 |
Supreme Court of Pakistan
Civil Petition No. 2119 of 2018, decision Dated: 12-02-2020, hearing Date : 12-02-2020. (Against judgment Dated 02.04.2018 passed by the Islamabad High Court, Islamabad in I.C.A. No. 179-W of 2012)
MAQBOOL BAQAR, JUSTICE YAHYA AFRIDI, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Muhammad Shoaib Shaheen, Advocate Supreme Court and Ahmad Nawaz Chaudhry, Advocate-on-Record for Petitioner. Rehan-ud-Din Khan, Advocate Supreme Court for
Respondent No. 1. Babar Awan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocat
Civil Petition No. 2119 of 2018, decision Dated: 12-02-2020, hearing Date : 12-02-2020. (Against judgment Dated 02.04.2018 passed by the Islamabad High Court, Islamabad in I.C.A. No. 179-W of 2012)
MAQBOOL BAQAR, JUSTICE YAHYA AFRIDI, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Muhammad Shoaib Shaheen, Advocate Supreme Court and Ahmad Nawaz Chaudhry, Advocate-on-Record for Petitioner. Rehan-ud-Din Khan, Advocate Supreme Court for
Respondent No. 1. Babar Awan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocat
DR. SHAMIM TARIQ
VS
INTERNATIONAL ISLAMIC UNIVERSITY, ISLAMABAD THROUGH PRESIDENT AND OTHERS
Law:
Section:
(a) Civil service--- ----Appointment--- Assistant Professor, post of--- Short listed candidates---Eligibility/qualification mentioned in advertisement for post---Candidates were required to meet the criteria mentioned in the advertisement on the date of submission of their applications---Respondent, who was selected for the post, did not possess the requisite qualification on the said date and as such was not qualified to be considered for the job---As the respondent did not possess requisite qualification, the Selection Board had no occasion to consider her in preference to those who possessed the qualifications as advertised by the University itself---Respondent's appointment as Assistant Professor BPS-19 was declared to have been made without lawful authority and accordingly set aside with the direction that the Selection Board shall convene at the earliest to appoint a suitable candidate from amongst the already short listed candidates, excluding both the petitioners as well as the respondent---Petition for leave to appeal was disposed of. (b) Civil service--- ----Appointment---Objective selection---Adherence to the statutory rules and procedures for selection of public jobs was the only surest method to objectively select the best out of the best from a competing lot---Such selection process was rooted into the fundamentals of equal opportunity, equal treatment and equal protections. (c) Public functionary--- ----State authority, exercise of---State authority in every sphere of life was a sacred trust to be exercised fairly and justly by the functionaries to accomplish the purposes assigned to them by law; it was their bounden duty to do right to all manner of people, without any distinction. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Dr. Shamim Tariq, petitioner herein, has a turbulent academic career in the Faculty of the International Islamic University, an institution chartered by Ordinance No. XXX of 1985, hereinafter referred to as the University; credited with a Doctorate in Urdu Literature, she was first appointed, under Tenure Track System, hereinafter referred to as the T.T.S, as an Assistant Professor (Urdu) in BPS-19,…
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