Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 12(6)

Law: Constitution of Pakistan, 1973

Section: 19

  Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)---   ----S. 12(6)--Contract Appointment Policy of Punjab, 2004---Constitution of Pakistan (1973), Art.199---Constitutional petition---Seniority-cum-fitness---Post reserved for in-service   quota---Interference---Scope---Petitioner was eligible for promotion as Assistant on the basis of seniority-cum-fitness for the post reserved for selection from within office---Authorities took plea that Secretary Education of the Provincial Government had directed the Board to shift the mode of recruitment from regular to contract and to make all appointments against the post reserved for selection from within the office and direct recruitment on merit and to make strictly in accordance with provisions of Contract Appointment Policy, 2004---Validity---Petitioner, a legitimate expectant for the post, had applied in the year 2006, his ability was not disputed, any condition contained in the directions issued by the Secretary Education of Government of Punjab could not be applied in the petitioners case in any respect, at the most direct recruitment by the Board could be made on contract following the Contract Policy of the Government of Punjab but the posts reserved for in-service quota could not be amenable to the letter issued by the Government of Punjab---Application of the petitioner and his colleagues of the year 2006 against the posts of Assistants should be deemed to be pending, which should be considered and finalized independent of letter issued by the Government Punjab, Education Department---Constitutional petition was allowed by High Court.    Hafiz Ghulam Mohayuddin v. Government of the Punjab and others 2000 PLC (C.S.) 95 and Rana Muhammad Ilyas and others v. Board of Intermediate and Secondary Education PLD 2001 SC 531 ref.   Hafiz Ghulam Mohayuddin v. Government of the Punjab and others 2000 PLC (C.S.) 953 and Rana Muhammad Ilyas and others v. Board of Intermediate and Secondary Education PLD 2001 SC 531 rel. ORDER HAFIZ TARIQ NASIM, J.---The petitioner is working as Senior Clerk and according to his learned counsel, he is eligible for promotion as Assistant…

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