| Case ID |
2075915d-a8a9-4cf6-af05-1560654db337 |
| Body |
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| Case Number |
W.P. No. 1287 of 2023 |
| Decision Date |
Mar 13, 2024 |
| Hearing Date |
|
| Decision |
The constitutional petition filed by Rozina Ahmed was allowed. The court determined that the petitioner had fulfilled the necessary qualifications for the position of ESE (Sci-Math) before the cut-off date for applications. The court found that the withdrawal of her appointment was unjustified since she had been duly appointed after a proper recruitment process. The decisions made by the respondent authorities were set aside, and the petitioner was directed to be reinstated in her position. This ruling emphasized the principles of fairness and adherence to due process in employment matters. |
| Summary |
The case of Rozina Ahmed v. Province of Punjab revolves around the recruitment process for the position of ESE (Sci-Math) in which the petitioner claims she was wrongfully terminated due to alleged discrepancies in her educational documentation. The Lahore High Court, Bahawalpur Bench, examined the constitutional validity of the orders issued by the respondent authorities that withdrew her appointment based on claims that she did not possess the requisite MCS degree by the cut-off date stated in the job advertisement. The court found that the petitioner had indeed fulfilled all necessary qualifications prior to the deadline and had been subjected to an improper withdrawal of her appointment. The ruling highlighted the importance of a fair recruitment process and the legal protections offered under the Constitution of Pakistan. The decision to allow the petition underscores the court's commitment to upholding justice in employment matters and ensuring that candidates are not unfairly penalized for administrative errors. This case is significant in illustrating the principles of locus poenitentiae and the legal rights of employees regarding their qualifications and employment status. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
Ahmad Nadeem Arshad
|
| Lawyers |
Mr. Muhammad Yaseen Ataal,
Mr. Zafar Iqbal Awan
|
| Petitioners |
Rozina Ahmed
|
| Respondents |
PROVINCE OF PUNJAB
|
| Citations |
2024 SLD 4567,
2024 PLJ 565
|
| Other Citations |
2011 SCMR 1581,
2004 SCMR 303,
2005 SCMR 85,
2015 SCMR 1418
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|