| Case ID |
1e312b38-8bd8-424f-9df5-b0fcac141f09 |
| Body |
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| Case Number |
Writ Petition No. 827 of 2013 |
| Decision Date |
Apr 30, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the appointment of respondent No.5 as Assistant Professor was valid as it was made by the Selection Committee based on the advertised criteria for qualifications. The court stated that the determination of eligibility for such appointments falls within the domain of the authorities and cannot be challenged through a constitutional petition unless there is evidence of mala fide or violation of law. The court dismissed the petitioner's claims, emphasizing that divergent claims necessitate evidence which is beyond the scope of Article 199 of the Constitution. Additionally, the court directed the authorities to fill the post through the Punjab Public Service Commission within a stipulated period, acknowledging the lapse in filling the position on a regular basis after the ad hoc appointment. |
| Summary |
In the case of Writ Petition No. 827 of 2013, the Lahore High Court addressed the maintainability of a constitutional petition regarding the appointment of an Assistant Professor in Cardiology. The petitioner, Dr. Munir Ahmad Rashid, challenged the appointment of respondent No.5, claiming that he met the eligibility criteria while the respondent did not. The court ruled that the appointment was valid as it fell within the authority of the Selection Committee, which evaluated candidates based on qualifications. The court emphasized that disputes over qualifications require evidence, which cannot be assessed under Article 199 of the Constitution. The ruling highlights the importance of adhering to the selection process and the role of public service commissions in ensuring fair appointments. This case underscores the legal principles governing public service appointments in Pakistan, focusing on procedural integrity and the rights of candidates. Keywords include 'Lahore High Court', 'constitutional petition', 'Assistant Professor appointment', 'Punjab Public Service Commission', 'eligibility criteria', and 'public service law'. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Punjab Public Service Commission,
Health Department
|
| Judges |
SHAH KHAWAR, J
|
| Lawyers |
Muhammad Ramzan Khalid Joeya,
Allah Bakhsh Khan Kalachi,
Malik M. Saleem
|
| Petitioners |
Dr. MUNIR AHMAD RASHID
|
| Respondents |
others,
SECRETARY HEALTH
|
| Citations |
2014 SLD 310 = 2014 PLC 1173
|
| Other Citations |
Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another 1990 SCMR 999,
Imam Bakhsh and 4 others v. Deputy Commissioner, Layyah and 16 others 1992 SCMR 365,
Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539,
Miss Rukhsana Ijaz v. Secretary, Education, Punjab and others 1997 SCMR 167,
Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others 1997 SCMR 169,
Syed Mazhar Hussain Bukhari v. Secretary, Government of Punjab Local Government and Rural Development Department, Lahore and others 1998 SCMR 1948,
Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
212
|