| Case ID |
37d5568f-7f62-429c-8b7d-14972db6b120 |
| Body |
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| Case Number |
W.P. No. 769-M of 2020 |
| Decision Date |
Sep 29, 2020 |
| Hearing Date |
Sep 29, 2020 |
| Decision |
The court found the denial of appointment to the petitioner, Kamil Khan, on the basis of the disability certificate being issued after the cut-off date to be inappropriate and irrational. The court held that the petitioner, having scored 110.63 marks and being a special person with a physical disability, should have been appointed as a Primary School Teacher (PST). The court directed that the petitioner be appointed without removing any of the already appointed respondents, as there were still vacant positions available. The petition was allowed, reinforcing the rights of persons with disabilities in recruitment processes. |
| Summary |
This case revolves around the denial of Kamil Khan's appointment as a Primary School Teacher (PST) due to the timing of his disability certificate issuance. The Peshawar High Court addressed the constitutional rights of special persons under Article 199 of the Constitution of Pakistan, emphasizing that the timing of the certificate should not disqualify a deserving candidate from employment. The court's decision reinforces the importance of inclusivity and fair treatment in public sector recruitment, particularly for individuals with disabilities. This ruling serves as a precedent for future cases involving similar circumstances, highlighting the need for equitable practices in hiring processes across educational and governmental institutions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ISHTIAQ IBRAHIM, JUSTICE,
WIQAR AHMAD, JUSTICE
|
| Lawyers |
Mr. Ahmad Hussain, Advocate for Petitioner,
Mr. Sohail Sultan, Astt: A.G. for Respondents
|
| Petitioners |
KAMIL KHAN
|
| Respondents |
5 OTHERS,
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ELEMENTARY & SECONDARY EDUCATION PESHAWAR
|
| Citations |
2021 SLD 456,
2021 PLJ 21
|
| Other Citations |
2018 SCMR 414
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|