Case Details

Citation(s)
2011 SLG 1565 2011 SLD 1565 2011 PLC 114
Lahore High Court
Writ Petition No.3139 of 2010, decision dated: 27-07-2010.
CH. MUHAMMAD TARIQ, J

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TASNIM ASLAM and 2 others

VS

SECRETARY EDUCATION SCHOOLS, CIVIL SECRETARIAT, LAHORE and 4 others TASNIM ASLAM and 2 others vs SECRETARY EDUCATION SCHOOLS, CIVIL SECRETARIAT, LAHORE and 4 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Petitioners had challenged termination of their services on the ground that they were appointed as Senior Elementary School Educators but their services were terminated on the ground that examination, they passed was not in accordance with the qualification of University Grants Commission---Department asserted that duration of two years between two examinations was essential while the petitioners had passed the examination of Matric to M.A. within four years---Validity---Petitioners were allowed to appear in the examination by the concerned Board/University and they qualified the required degrees---Department had raised objection that two years gap between two examinations was essential, if it was so, then why the petitioners were allowed to appear in the examination by the University etc.---Educational certificates of the petitioners were verified before appointment which were proved genuine---Impugned order was also a violation of the agreement between the parties---Petitioners could not be penalized for ignorance and inefficiency of Education Department---High Court allowed constitutional petition and set aside the order of termination of services and directed the department to continue the petitioners on their previous post. Rana Munir-ul-Hassan for Petitioners. Rana Shamshad Khan, A.A.-G., Jamaat Ali Malhi, D.E.O.(EM), T.T. Singh, and Abdul Razzaq, Litigation Officer from the Office of E.D.O. Education, T.T. Singh for Respondents. ORDER CH. MUHAMMAD TARIQ, J.--- Learned counsel for the petitioners contends that Education Department published an advertisement in daily newspaper for recruitment of various posts in the Education Department on contract basis for District Toba Tek Singh including S.E.S.E (Arabic). The petitioners applied for the post of Senior Elementary School Educators. The qualification for the above post was B.A. or equal (Arabic as elective subject) with further professional qualification of Arabic Teaching Training Course (ATTC) from Allama Iqbal Open University Islamabad or Agricultural University Faisalabad or equal qualification prescribed by the Board…
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