| Case ID |
2164e9d1-ff7b-403f-bb2f-a96a4b4a6448 |
| Body |
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| Case Number |
W.P. No. 865-D of 2015 |
| Decision Date |
Apr 17, 2017 |
| Hearing Date |
|
| Decision |
The High Court dismissed the constitutional petition filed by Sanaullah. The petitioner contended that he scored 70 marks in the written examination for the post of Secretary, Village/Neighbourhood Council but was deprived of the appointment. The court found that the petitioner failed in the computer test and interview, which were essential for the position. The court emphasized that it could not interfere with the decisions made by the selection committee or the interviewing authorities. The recruitment process was found to be compliant with the established policies and no irregularities were identified in the appointment process. Therefore, the court concluded that the petition lacked merit and was dismissed. |
| Summary |
In the case of W.P. No. 865-D of 2015, the Peshawar High Court addressed a petition from Sanaullah regarding his non-appointment as Secretary of the Village/Neighbourhood Council despite securing 70 marks in a written test. The court examined the recruitment procedures as per the Khyber Pakhtunkhwa Civil Servants Rules and upheld the validity of the selection process, including the necessity of passing a computer test and interview. The court ruled that it could not question the authority of the selection committee, reinforcing the principles of meritocracy and lawful recruitment in public service. The decision highlights the importance of adhering to established recruitment policies and the limitations of judicial review in administrative appointments. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AYUB KHAN,
IJAZ ANWAR
|
| Lawyers |
Muhammad Mohsin, A.G. for Petitioner,
Kamran Hayat Miankhel for Respondent No. 1,
Muhammad Yousaf Khan for Respondents Nos. 2 to 5
|
| Petitioners |
Sanaullah
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA AND OTHERS
|
| Citations |
2018 SLD 684 = 2018 PLC 316
|
| Other Citations |
2014 SCMR 157,
2015 SCMR 112,
2000 SCMR 966
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989
|
| Sections |
199
|