Law:

Section:

Civil service-------Appointment---Constitutional jurisdiction, exercise of---Appointing Authority had made appointments of teachers strictly in accordance with merit including batch-wise merit formula as given in the relevant notification--Validity---Object of notification was to ensure a fair degree of selection, minimise chances of discretion and favouritism, which object was neither arbitrary nor illegal---Civil servants who had challenged notification to Constitutional petition, could not prove that policy of Government contained in the notification was in flagrant disregard of any relevant provisions of law---High Court in its extraordinary Constitutional jurisdiction, could not substitute its own opinion for that of Selection Committee/Appointing Authority so long as rules and procedure had been properly followed---Constitutional petition filed by civil servants was dismissed being not maintainable---Constitution of Pakistan (1973), Art. 199. Shahzada Shahpur Jan for Petitioners. Riaz Ahmad Khan, A.A.-G. for Respondents Date of hearing: 16th October, 1997 JUDGMENT MIAN SHAKIRULLAH JAN, J.---The writ petitioners have challenged the Notification of appointments dated 23-5-1995 issued by respondent No.3 (Director of Education (Secondary), N.-W.F.P. Peshawar) and have prayed for declaring the same as illegal and void ab initio with directions to respondents Nos. 1 to 3 to decide the issue strictly on the basis of merit assigned by the Selection Committee. 2. The main grievance of the petitioners is that as per Notification dated 6-12-1994, appointments on 660 vacant posts of Senior English Teachers were to be made by the Departmental Selection Committee from amongst the in-service teachers according to the prescribed formula of 70 of the total vacancies on the basis of batchwise/yearwise merit having the prescribed qualifications. According to the petitioners, the respondent No.3, Director of Education, on 23-5-1995 issued a Notification of appointment of in-service teachers of the Department against 70 % quota in total disregard of the batchwise/yearwise merit. The petitioners are also aggrieved of the appointment orders made through open merit having quota…

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