| Case ID |
3ccda4ff-fb42-4c12-99b3-6ea681fa9f2d |
| Body |
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| Case Number |
W.P. No. 7-P of 2018 |
| Decision Date |
Dec 11, 2018 |
| Hearing Date |
Dec 11, 2018 |
| Decision |
The Peshawar High Court allowed the writ petition filed by Naeemullah, directing the respondents to consider him for the post of Controller of Examinations in the Board of Intermediate and Secondary Education, Malakand. The court emphasized the need for a fair and transparent exercise of discretion in filling the post, ensuring equal opportunity for all eligible candidates, as per the relevant rules. The authorities were instructed to complete this process within one month, highlighting the importance of adhering to the law and considering merit in appointments. |
| Summary |
In this case, Naeemullah, serving as Assistant Controller of Examinations at the Board of Intermediate and Secondary Education, Malakand, filed a writ petition seeking promotion to the post of Controller of Examinations. He argued that he met the necessary criteria and accused the authorities of mala fide actions for not considering him for promotion. The court found merit in his claims and ruled that the discretionary powers of the authorities must be exercised judiciously, transparently, and in accordance with the law. The judgment reinforced the principles of good governance and fair opportunity in public service appointments, ensuring that all eligible candidates are considered without discrimination. The decision also underscored the importance of adhering to the provisions of the Khyber Pakhtunkhwa Board of Intermediate and Secondary Education Act, 1990, particularly regarding the appointment procedures for key positions. This case illustrates the court's role in upholding the rule of law and ensuring that public service appointments are conducted fairly and justly. |
| Court |
Peshawar High Court
|
| Entities Involved |
Board of Intermediate and Secondary Education Malakand,
Education Department Khyber Pakhtunkhwa
|
| Judges |
MUHAMMAD GHAZANFAR KHAN,
SYED ARSHAD ALI
|
| Lawyers |
Rahim Shah
|
| Petitioners |
Naeemullah
|
| Respondents |
2 OTHERS,
CONTROLLING AUTHORITY, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION MALAKAND KHYBER PAKHTUNKHWA
|
| Citations |
2020 SLD 547,
2020 PLC 227
|
| Other Citations |
Abdul Wahab and another v. Secretary, Government of Balochistan and another 2009 SCMR 1354,
Tariq Aziz-ud-Din's case 2010 SCMR 1301,
Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257,
M.Q.M. and others v. Province of Sindh and others 2014 CLC 335
|
| Laws Involved |
Khyber Pakhtunkhwa Board of Intermediate and Secondary Education Act, 1990
|
| Sections |
15,
Chapter XXVIII, Rule 1(a)
|