Law:

Section:

Constitution of Pakistan (1973)-------Art.199--- Constitutional petition---Appointment---Petitioner had questioned appointment of respondent as Assistant Professor Paediatric Surgery being not qualified for said post for want of required experience and prescribed qualification as advertised---Respondent though lacked prescribed qualification, but Selection Committee after holding interview, placed the petitioner subsequent to the respondent on merit list and after accepting recommendation, respondent was issued appointment order and was placed at Serial No.1 on the merit list---Respondent allegedly qualified F.R.C.S., a Post-Graduate qualification in General Surgery whereas petitioner had qualified F.C.P.S. in Paediatric Surgery earlier to respondent---Respondent though had not worked as Senior Registrar, but he was awarded five marks- which could be awarded only to those candidates who had worked as Senior Registrar---Petitioner was serving as Acting Senior Registrar in Paediatric Surgery Department and despite being entitled to said five marks, was not granted the same--­Respondent was also illegally granted five marks for publication in the concerned specialty as principal author although he had no publication as principal author---Respondent was also illegally allotted 10 marks in interview which could be awarded to a candidate having qualified F.C.P.S. in the respective specialty with three years' experience, whereas he did not possess said experience in respective field--­Irregularities committed by Selection Committee in appointing the respondent, ignoring petitioner who was more qualified and experienced than the respondent were also pointed out by Head of Paediatric Surgery Department who was also member of. Selection Committee---Petitioner had qualified his M.B.,B.S. and had got Post-Graduate qualification of F.C.P.S. prior to respondent and petitioner was more experienced in the relevant respective field than the respondent---Petitioner, in circumstances, was more qualified in concerned specialty in the terms of advertisement while Post-Graduate qualification of respondent was not in respect of the subject of Paedriatric Surgery, but was in General…

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