Law:

Section:

MALIK HAMID SAEED, J---The unusual circumstances, in which the instant writ petition filed by Dr. Shahnaz Nadir, Petitioner, arises, are that the appointment of the Petitioner on the post of Senior Registrar, Gynae and Obstetrics for which she had applied within due date could not be finalized due to entertaining of the application of respondent No.4 Dr. Fauzia Faheem at a subsequent stage by the respondents after the due date and her subsequent selection on the said post on account of the interference of the Health Department whereby the selection process conducted by the Selection Committee duly constituted by the Management Committee of the Hospital under the North-West Frontier Province Medical Institution Act, 1999 was reviewed through another Committee constituted by the Secretary Health, respondent No.2. 2. According to the Petitioner, she being qualified in the relevant field and eligible to be appointed as Senior Registrar Gynae and Obstetrics applied for her selection on the post in response to the advertisement made in the newspapers on 1-2-2003 which required that "Applications accompanied with complete bio data and attested photocopies of academic/experience documents and research publication must reach the office of the undersigned within 15 days of the publication of this advertisement". The last date for submission of the applications was thus coming as 15-1-2003 or at the most 16-1-2003, but amazingly the applications of respondent No.4 Dr. Fauzia Faheem and one Dr. Farhat Nasreen (not respondent in this petition) were entertained after the aforesaid due date, which later on resulted into filing of a representation by Dr. Fauzia Faheem to the Health Secretary, who in his turn accepted the same and constituted another Committee headed by him for reviewing the selection process of the earlier committee already legally constituted by the Management Committee. Consequently the selection of Dr. Fouzia Faheem was made on the said post, therefore, the petitioner in the above situation prays for a declaration that the constitution of the said review 25/05/2026, 14:46 2005 P L C (C committee is illegal, void ab-initio, which smacks of patent…