Law:

Section:

Educational Institution-- ----Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Application was rejected on the ground that the petitioner did not possess a master's degree on the last date of filing application had fully complied with all the requirements of the advertisement had qualified M.Sc before the date of application and was awaiting her detailed result card--Application cannot be rejected when the same was initially entertained after having taken all steps required for evaluating--Principle of locus poententiae--Policy for recruitment for educator in government school--Violation of--Validity--Members of recruitment committee shall assess the eligible candidate and evaluate their abilities as per evaluation form--Verification of certificate shall be done by D.D.O. within three months after joining of the selected candidates and finally clause of policy sets out that policy aims for provision of better qualified educator in public school--Real cut off date is the date when the evaluation process is set in motion--Held: Impugned order is in violation of policy as well as substantive process of evaluation and has unlawfully attached undue importance to date of application--Further held: Petitioner after having submitted her documents had acquired the vested right as well as legitimate expectations that her case be considered for evaluation--Documents were supplied before the evaluation process was set in motion, her vested right and legitimate expectations could not be taken away by the impugned order--Impugned order is unlawful base on irrelevantsconsideration, unnecessary technical and is violation of Recruitment Policy and is therefore, set aside were directed to consider her case for appropriate appointment in accordance with law so that the real purpose of selecting the best teachers and imparting of education to the students is not hampered any further--Petition accepted. 2005 SCMR 351, 2005 YLR 1703, rel. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, JUSTICE---.--- Brief facts of the case are that the petitioner on the basis of an advertisement dated 29th of April, 2009 issued by the District Education Officer (Respondent No.…

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