| Citation(s) |
|---|
| 2005 SLG 1048 2005 SLD 1048 2005 PLC 1347 |
Lahore High Court
W.P. No.3675 of 2004/BWP, decision dated: 28-01-2005.
MUHAMMAD, JEHANGIR ARSHAD, J
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W.P. No.3675 of 2004/BWP, decision dated: 28-01-2005.
MUHAMMAD, JEHANGIR ARSHAD, J
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NUZHAT JABEEN
VS
SECRETARY and others
Law:
Section:
(a) Constitution of Pakistan (1973)--------Art. 199---Constitutional petition---Recruitment/appointment as Educator---Criteria---Recruitment policy duly issued by Government, had laid down eligibility criteria, according to which, in addition to marks for academic/professional qualification, 10 marks were reserved for teaching experience as regular teacher in Government school---Petitioner could not obtain appointment under said policy for having failed to fulfil said eligibility criteria as she had not worked in any Government school---Petitioner had prayed that she having experience of teaching in a school being run by some N.G.O., her said teaching experience should be considered equivalent to teaching in Government School---Validity---Recruitment Policy having been issued by Government, would be deemed to have a force of law and must be construed strictly---High Court while sitting in Constitutional jurisdiction was not supposed either to sit as a policy making agency or to interpret the policy of Government just to provide benefit to an individual---Said policy having been made applicable throughout the Province laying down certain terms and conditions for appointment of educators, High Court was bound to follow same strictly unless same was violative of any provision of Constitution .or for that purpose any law or provision of law---High Court had no jurisdiction to hold that teaching experience of petitioner in some school being run by some N.G.O. be considered or taken as equivalent to teaching in Government School---Petitioner had failed to make out a case for obtaining additional marks on basis of her experience as teacher in Government School---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Constitutional jurisdiction or for that purpose jurisdiction conferred on High Court under Art. 199 of the Constitution was meant for giving legal protection to Government Policy within framework of law and not to defeat the policies of the Government by putting forward an interpretation of its own choice. Nisar ul Haq v. Tehsil Municipal Administration City…
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