| Case ID |
67d30208-9f59-483d-b502-7037c7ac1fc8 |
| Body |
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| Case Number |
Constitutional Petition No. 243 of 2004 |
| Decision Date |
Dec 29, 2005 |
| Hearing Date |
|
| Decision |
The court ruled that the notification transferring Respondent No. 4 to the Board as Assistant Controller was illegal and issued without lawful authority. The petitioners, being employees of the Board, were deemed aggrieved persons under Article 199 of the Constitution. The court emphasized that the proper procedures outlined in the Board of Intermediate and Secondary Education Ordinance, 1977 were not followed in the appointment process. The Board was found to have no delegated authority to approve the deputation of Respondent No. 4, thus rendering the notification void. |
| Summary |
This case revolves around the legality of a notification that transferred a government employee to a position within the Board of Intermediate and Secondary Education (B.I.S.E.) in Quetta. The petitioners, who were employees of the Board, contested the appointment of Respondent No. 4, claiming it violated the relevant laws and regulations governing the Board's operations. The court found that the authorities did not adhere to the necessary legal procedures, declaring the transfer unauthorized. This case highlights the importance of following established regulations in public service appointments and the rights of existing employees to challenge illegal actions that affect their positions. |
| Court |
Quetta High Court
|
| Entities Involved |
Board of Intermediate and Secondary Education, Quetta
|
| Judges |
AKHTAR ZAMAN MALGHANI, JJ.,
AHMAD KHAN LASHARI, JJ.
|
| Lawyers |
Mr.W.N. Kohli,
Mr. Khadim Hussain,
Mr. Sundar Dass,
Mr. Amanullah Tareen,
Mr. Mehmood Khokhar
|
| Petitioners |
ABDUL GHAFOOR,
Jan Muhammad,
Mehr Khan
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
Chairman,
B.I.S.E. QUETTA
|
| Citations |
2007 SLD 3222,
2007 PLJ 12
|
| Other Citations |
Not available
|
| Laws Involved |
Board of Intermediate and Secondary Education Ordinance, 1977,
Constitution of Pakistan, 1973
|
| Sections |
20,
2(a),
6,
33(4),
199
|