Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Appointment---Prescribed rule and policy for recruitment to the post of P.T.C. teacher was 25% on open merits basis at District level and 75% on Union Council merit basis and 2% of posts were to be reserved for disabled quota---Thus in each set of 50 vacancies, one vacancy was reserved for disabled persons at District level and remaining posts were to be distributed in cycles of four vacancies, each with the first seat for open merits at District level, the next three seats for Union Council merit---Roster of vacancies was to be prepared and each one of vacancies was to be of 50 numbers, out of which one seat was to be reserved for disabled candidates at District level---Remaining 49 vacancies were to be distributed amongst the eligible candidates who had applied and had the right to appointment to the posts either on merit basis or on Union Council basis---Officials, after preparing the merit list in the light of overall result of all contesting candidates, would consider the case of candidates who had applied for the post and had appeared in written test and interview and would adjust the candidates with the higher merits in their respective Union Councils---Services of those persons, who could not be found entitled to hold a post either on District level merit basis or on merit basis in their respective Union Council, would stand terminated with immediate effect---Officials were directed to issue orders of termination of their services, if not already issued. Saleemullah Khan Ranazai for Petitioner. Muhammad Daud Khan on behalf of DAG along with Abdur Rahim Khan EDO for Respondent. Date of hearing: 16th December, 2005. JUDGMENT SALIM KHAN, J.---The broad facts and general legal issues of the following writ petitions are common and, therefore, these petitions are taken together for arguments and decision:-- (1) Writ Petition No.199 of 2004 (Salma Mumtaz v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others) (2) Writ Petition No.74 of 2005 (Abdur Rehman v. Government of N.-W.F.P. through Secretary of Education (School and Literary)…

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