Law: Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, (XII of 2011)

Section: 3

Khyber Pakhtunkhwa (Appointment, Depuatation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act (XII of 2011)--- ----S. 3---Post of Primary School Teacher---Appointment under the Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011 ('the Act 2011')---Validity---Section 3 of the Act, 2011 prescribed that the post of Primary School Teacher was to be filled from the candidates of union council of their permanent residence mentioned in their CNIC and domicile, on merit---Petitioner had obtained fresh CNIC after the cut-off date and the permanent residence certificate from Secretary Union Council and Chairman Village Council were also issued much later than the cut-off date while his old CNIC, issued much earlier, showed different address---Thus, the petitioner was not eligible to be appointed as Primary School Teacher on the closing date, for having different permanent address, hence he could not claim his appointment against the post of Primary School Teacher falling in Union Council advertised for ---Petitioner had failed to convince his eligibility for the appointment-in-question---Constitutional petition was dismissed, in circumstances. JUDGMENT FAZAL SUBHAN, J.----Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (constitution) the petitioner have prayed as following:- "It is, therefore, most humbly prayed that on acceptance of the instant writ petition the respondent No. 02 may please be directed to remove the entries of non-matching of address in both the CNICs of the petitioner from merit list and after giving age relaxation of about two years to the petitioner, appoint the petitioner as PST BPS-12 in Government Primary School Sharkool Union Council Chattar Plain or in any other school of Union Council Chattar Plain Tehsil and District Mansehra which is near to the residence of the petitioner or any other relief for which the petitioner is entitled keeping in view the facts and circumstances of the case". 2. Facts of the instant writ petition are that respondent No. 3 advertised some posts…

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