| Case ID |
2290f337-4810-460b-b658-1de52a0a7592 |
| Body |
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| Case Number |
Civil P.L.A. No. 196 of 2001 |
| Decision Date |
Feb 07, 2002 |
| Hearing Date |
Feb 06, 2002 |
| Decision |
The petition for leave to appeal was dismissed. The High Court's decision to accept Mst. Sakina Bibi's writ petition and issue a writ of prohibition was upheld. The court found that Mst. Sakina Bibi had been unjustly disturbed from her position as Primary Teacher without due process. The court emphasized the principle that once a party submits to the jurisdiction of the court, it cannot later claim that the court lacked jurisdiction after an adverse ruling. The court noted that the issue of eligibility for the position had already been ruled upon and the High Court's ruling did not commit any illegality. |
| Summary |
The case revolves around the appointment of Mst. Sakina Bibi as a Primary Teacher, which was challenged by Mst. Yasmeen Bibi. The Supreme Court upheld the High Court's ruling, which protected Mst. Sakina Bibi's appointment, emphasizing that proper legal procedures were not followed when her position was disturbed. The court reiterated that once a case is submitted to the jurisdiction of a court, the parties involved cannot later dispute the court's authority. This case highlights the importance of due process in administrative decisions and the legal principles surrounding jurisdiction and eligibility in employment matters. The emphasis on following due process ensures that candidates are treated fairly and that their rights are protected under the law. This case is significant in the context of public service appointments and the legal framework governing such decisions. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, CJ
|
| Lawyers |
Raja Muhammad Hanif Khan,
Mujahid Hussain Naqvi
|
| Petitioners |
Mst. YASMEEN BIBI
|
| Respondents |
5 others,
Mst. SAKINA BIBI
|
| Citations |
2004 SLD 1857,
2004 CLC 960
|
| Other Citations |
Ejaz Ahmad Awan and 5 others v. Manzoor Ali Shah and another 1999 PLC (C.S.) 1439,
Mst. Yasmeen Bibi v. Azad Government and others, decided on 2-12-1999
|
| Laws Involved |
Not available
|
| Sections |
Not available
|