Case Details

Citation(s)
1997 SLG 753 1997 SLD 753 1997 PLC 380
Peshawar High Court
Writ Petition No. 182 of 1995, decision dated: 13th May,-1996.
SYED IBNE ALI, C.J. AND QAZI EHSAN ULLAH QURESHI, JJ

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NEK AMAL JAN

VS

PROVINCE OF N.W.F.P. through Secretary Health, Peshawar and 1 others

Law:

Section:

Constitution of Pakistan (1973)Arts. 199, 246 & 247Constitutional petitionJurisdiction of High Court in relation to Federally Administered Tribal AreasPetitioner had challenged appointment of respondentSupreme Court and High Court do not possess jurisdiction under Constitution of Pakistan in relation to Federally Administered Tribal AreasConstitutional petition was thus not maintainable. Qaum Bangash and others v. Qaum Turi and others 1991 SCMR 2400; Muhammad Afzal v. Assistant Political Officer 1985 PCr.LJ 1784; Khalid Pervez v. Federation of Islamic Republic PLD 1987 Lah. 323 and Abdul Rahim and others v. Home Secretary, Government of. West Pakistan and another PLD 1974 SC 109 ref. Shahzada Shahpur Jan for Petitioner. Saifur Rehman Kiyani, A.G. for Respondents Nos. 1 to 3. Muhammad Tariq Afridi for Respondent No. 4. Date of hearing: 13th May, 1996. JUDGMENT SYED IBNE ALI, C.J.Through the instant writ petition Nek Amal Jan, petitioner, prays that the appointment order of respondent No.4 herein, Mr. Ilyas Khan, may be declared as illegal and void with a direction' to respondents 1 to 3 to decide the issue strictly on the basis of merits approved by the Selection Committee and to disregard the recommendations of the Minister or any other authority. 2. The relevant facts, in brief, are that a post of Junior Clerk in BPS5 was advertised locally for appointment in the Agency Headquarters Hospital, Miran Shah, North Waziristan. About 27 candidates from all over the Agency, including the petitioner herein, submitted applications therefore, whereafter written test and interview was conducted on 15121994 wherein the petitioner secured highest marks and was placed on the top of the merit list but when the result was announced on 24121994 respondent No.4 was appointed against the said post, who did not fulfil the required qualification for the post, he is overage and also do not know typing which is the basic requirement of the post of a junior clerk. The petitioner further submitted that in spite of announcement time and again by the Hospital Administration that merit alone would be the criterion for appointment, respondent No.4 has been appointed in violation of…
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