Case Details

Citation(s)
1997 SLG 668 1997 SLD 668 1997 CLC 653
Lahore High Court
Intra-Court Appeal No. 121, decision dated: 17-11-1992
MANZOOR HUSSAIN SIAL AND MIAN NAZIR AKHTAR, JJ
Abdul Rahman Madni for Appellant

TARIQ ALTAF

VS

GOVERNMENT OF PUNJAB and another

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Constitutional petition ---Intra-Court appeal---Non-consideration of appellant for appointment as P.T.C. teacher though he was qualified for such appointment---Dismissal of appellant's Constitutional petition was not justified, for mere fact that appellant could apply for some newly advertised posts and that his application could be considered alongwith other applicants was hardly sufficient to rederss his basic grievance that his case was wrongly left out of consideration by Competent Authority---Appellant's Constitutional petition was wrongly disposed of as having borne fruit, for relief prayed for in petition was not granted to him--­Appellant was found entitled to be appointed as P.T.C. teacher and directions were issued for his appointment---Official of concerned Department who had misled Competent Authority by providing wrong information was required to be proceeded against in accordance with relevant rules. JUDGMENT MIAN NAZIR AKHTAR, J---This I.-C.A. is directed against the order dated 13-4-1992 passed by the learned Single Judge of this Court disposing of the appellant's writ petition as having borne fruit. 2. Briefly stated the appellant (an ex-Armyman) has applied for the post of an untrained teacher on 3-5-1989 but subsequently he completed his training and applied for one of the posts of P.T.C. teachers lying vacant under the control of Deputy District Education Officer (Male), respondent No.2 His application was duly forwarded by the appellant's Commanding Officer on 5-9-1990. At the relevant time the appellant was attending his reservist training with an Army Unit. The Chairman of the District Selection Committee recommended the petitioner's name for appointment as P.T.C. teacher. The application was duly received in the office of Deputy District Education Officer, who acknowledged its receipt vide order dated 23-10-1990. The appellant was required to provide the original Matriculation, P.T.C. and domicile certificates. The appellant provided the necessary documents but his case was not considered on an erroneous and mala fide report made by the Head Clerk…
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