| Case ID |
36d11b05-d549-4813-ab00-e0e67ddc8b58 |
| Body |
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| Case Number |
Civil Appeal No. 229 of 2016 |
| Decision Date |
Jun 09, 2017 |
| Hearing Date |
Jun 09, 2017 |
| Decision |
The Supreme Court ruled in favor of the appellant, reversing the High Court's decision which denied him a position as a constable against the reserved quota based on his father's status in the police department. The Court clarified that all permanent civil servants of the police department, including those in ministerial roles, are considered 'officers/officials' under the law. The Court directed the authorities to appoint the appellant according to his merit position, as he scored higher than other candidates who were appointed despite having lower marks. The case highlighted the importance of adhering to the prescribed quotas for appointments in public service, ensuring fair treatment for candidates based on established criteria. |
| Summary |
In the case of Civil Appeal No. 229 of 2016, the Supreme Court (AJ&K) addressed the issue of appointment quotas for children of police officials. The appellant, whose father served as an Assistant Director (BS-17) in the police department, was denied a regular appointment as a constable despite achieving a merit score higher than other candidates. The Court found that the denial was based on a misconception regarding the classification of the father's position within the police department. The ruling emphasized the need for clear definitions within the law regarding who qualifies as a police officer or official, ultimately leading to a decision that favored the appellant's rightful claim to the reserved quota. The case serves as a critical reference for future appointments within the civil service, especially regarding the interpretation of eligibility criteria for family members of law enforcement personnel. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Government of AJ&K,
Police Department
|
| Judges |
RAJA SAEED AKRAM KHAN,
CH. MUHAMMAD IBRAHIM ZIA
|
| Lawyers |
Fiaz Ahmed Janjua,
Raza Ali Khan,
Kokab Al Sabah Roohi
|
| Petitioners |
Unnamed Appellant
|
| Respondents |
11 OTHERS,
SENIOR SUPERINTENDENT POLICE RESERVE, MUZAFFARABAD
|
| Citations |
2018 SLD 995,
2018 PLC 471
|
| Other Citations |
Not available
|
| Laws Involved |
Police Act, 1861
|
| Sections |
2
|