Law:

Section:

Writ of Quo Warranto-- ----Bar under Art. 212 of Constitution of Pakistan--Being interested party can file writ of quowarranto--Notification was challenged--Civil servant was not eligible for seat allocated for subject specialist but was accommodated due to non-availability of suitable candidate--Objection of jurisdiction--Challenged the posting of civil servant on the ground that civil servant was not eligible for the same--Bar under Art. 212 of Constitution does not come in the way of writ of quowarranto--Petition was allowed. THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, JUSTICE---.--- Through this petition the petitioner has challenged Notification No. SO (S-VI)6-62/2008 dated 25.09.2008 issued by the Secretary (Schools) Respondent No. 1 through which Respondent No. 4 was posted as Senior Subject Specialist Government Girls Elementary College, Nawan Shaher, Multanvice Mst. Farzana Mamin Senior Subject Specialist who was going to retire from government service on 22.10.2008. 2. Learned counsel for the petitioner contends that the above-said seat was for Subject Specialist in Urdu. The petitioner applied for this seat through application dated 21.10.2008. Her previous application dated 15.10.2008 was also pending before Secretary Education. The petitioner was only candidate qualified to be posted at above-said seat being Subject Specialist in Urdu but Respondent No. 4 was posted although she was not eligible for that post being Subject specialist in Arabic. Through this way the respondents have exceeded their authority. Learned counsel for the petitioner further submits that the impugned notification was issued in violation of earlier notification of Government of the Punjab Education Department dated 19.05.2006 which is as under:-- "It has been observed with deep concern that some of the District Authorities are making postings/transfers without keeping in view the status of the post as identified by the Government of the Punjab Education Department vide Notification No. SE 25.5/2002 dated 10.1.2004, causing problems in adjusting the teachers/officers on their promotion from RS-17 to RS-20. Similarly the Subject Specialists are being posted as…

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