| Citation(s) |
|---|
| 2002 SLG 2020 2002 SLD 2020 2002 CLC 1741 |
Lahore High Court
Writ Petition No.3918 of 1995, decision dated: 28-03-2002
FARRUKH LATEEF, J
Ch. Abdul Ghani for Petitioner. Mehar Muhammad Saleem Akhtar for
Respondent
Writ Petition No.3918 of 1995, decision dated: 28-03-2002
FARRUKH LATEEF, J
Ch. Abdul Ghani for Petitioner. Mehar Muhammad Saleem Akhtar for
Respondent
MUHAMMAD ZAFAR IQBAL
VS
DIRECTOR, SECONDARY EDUCATION, MULTAN
Law:
Section:
Constitution of Pakistan (1973)-------Arts.199 & 212(2)---Constitutional petition---Maintainability---Civil service--- Withdrawal of appointment letter---Incorrect particulars--- Petitioner, did not mention correct particulars at the time of his appointment, he claimed to have the B.S.Ed. degree in the subject of biology, required for the vacancy whereas during inquiry by the Authorities it transpired that the petitioner was B.S.Ed. not in the required subject but in some other subject---Authorities withdrew the appointment letter issued to the petitioner---Validity---Matter relating to appointment or withdrawal of appointment pertained to terms and conditions of service and a dispute with regard thereto fell within the exclusive jurisdiction of Service Tribunal under Art.212(2) of the Constitution---High Court declined to interfere with the order passed by the Authorities---Constitutional petition was dismissed in circumstances. JUDGMENT In this Constitutional petition Muhammad Zafar Iqbal son of Feroze Din has alleged that he was serving as S.V. Teacher in Government Higher Secondary School, Gaggo, District Vehari; that he was selected as SST (Biology) and formal posting order in that behalf was issued on 27-4-1995; that he served on that post for only about 1-1/2 months when vide order, dated 13-6-1995 the Director Secondary Education, Multan Division, Multan (respondent) withdrew the petitioner's said appointment unlawfully, without police, without assigning any reason, against: the principles of natural justice and with mala fide intention. It was prayed that the said order be declared as unlawful, without jurisdiction and of no legal effect. 2. Report and parawise comments of the respondent were called wherein he stated that for the post of SST (Biology), requisite qualification of a candidate is BSc. or B.S.Ed. in the subject of Botany and Zoology. The petitioner was selected against in service quota according to the list of candidates prepared by D.E.O.. Vehari wherein subjects of the petitioner were shown as Botany and Zoology in B.S.Ed. On complaint made by another candidate that the petitioner did not possess the requisite qualification and as…
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