Case Details

Citation(s)
2004 SLG 1452 2004 SLD 1452 2004 PLC 310
Lahore High Court
Writ Petition No. 14082 of 2003, decided. on 12-11-2003.
SYED ZAHID HUSSAIN, J

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SAIF ULLAH

VS

DISTRICT COORDINATION OFFICER/CHAIRMAN, SELECTION COMMITTEE, DISTRICT KHUSHAB

Law:

Section:

Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Changing of eligibility and criteria for appointment as teacher---Grievance of the petitioner was that the Authorities could not change the criteria for the appointment as P.T.C. teacher---Validity---Executive Government is fully competent to make such a change in the qualification for a particular post---Government is entitled to make rules in the interest of efficiency of service and such rules can be changed and no one can make a grievance of any such change brought about determining the eligibility criteria---Conditions., qualifications and criteria prevailing at the time of appointment are to be taken into consideration and not what were in the past---No discriminatory treatment was meted out to the petitioner as the Authorities had rightly changed the criteria---Petition was dismissed in circumstances. Shaukat Ali and others v. Government of Pakistan through Chairman, Ministry of Railways and others PLD 1997 SC 342 and Malik Niaz Muhammad v. Provincial Transport Authority and others 1989 SCMR 790 ref. Falak Sher Khan and another v. Mukhtar Ahmad and others PLD 1989 SC 262; Dr. Habibur Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144; Government of N.-W.F.P. Health and Social Welfare Department v. Dr. Sheikh Muzaffar Iqbal and others 1990 SCMR 1524 and Mushtaq Ahmad Mohal and others v. The Honourable. Lahore High Court, Lahore and others 1997 SEMR 1043 rel. Raja Muhammad Akhtar for Petitioner. ORDER In the criteria laid down for recruitment to the posts of Elementary School Educators and published in the national press minimum qualification prescribed is B.A./B.Sc., P.T.C. The petitioner herein claims that he is P.T.C. but not B.A/B.Sc. If is his grievance that although he holds P.T.C. qualification, but has been rendered ineligible for the post in view of enhancement of qualifications as B.A./B.Sc. He has approached this Court that such a recruitment policy has operated to the prejudice of the petitioner and many others like him which has caused a great disappointment to them and that such action is violative of Articles 18 and 25 of the…
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