| Case ID |
e2f72647-575b-46b1-8467-d74b379b2c95 |
| Body |
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| Case Number |
Civil Appeals Nos. 414 and 817 of 2021 |
| Decision Date |
Nov 18, 2021 |
| Hearing Date |
Nov 18, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the Government of Punjab against the judgments of the Lahore High Court. The High Court had allowed the writ petitions filed by the respondents, directing the education authority to consider their applications for the positions of Assistant Education Officers (AEOs). The Court emphasized the mandatory requirement of filing a review petition before appealing to the Secretary of School Education, underscoring that appellants could not bypass this procedural step. The Court also reiterated the necessity of adhering to the recruitment policy established by the Government of Punjab, which necessitated a fair and transparent process for selecting educators. The Court highlighted that the essence of justice requires that grievances related to recruitment must be addressed through the specified channels, ensuring that all candidates are treated equitably based on the criteria set forth in the policy. |
| Summary |
In the landmark case of Civil Appeals Nos. 414 and 817 of 2021, the Supreme Court of Pakistan addressed crucial issues surrounding the recruitment policy for Assistant Education Officers (AEOs) within the Government of Punjab's School Education Department. The case arose from grievances filed by the respondents, who were not considered for the AEO positions despite their qualifications. The Court emphasized the importance of the recruitment policy established on May 19, 2016, which outlined the qualifications and procedures necessary for hiring educators. It ruled that the applicants were entitled to a fair consideration based on their qualifications and the relevant recruitment guidelines. This case highlights the significance of adhering to procedural requirements, such as the necessity of filing a review petition before escalating matters to higher authorities, thus ensuring that justice is served while maintaining the integrity of the educational recruitment process. The Court's decision reinforces the principle that where there is a right, there is a remedy, and mandates that grievances must be addressed through the designated channels to uphold transparency and fairness in public service recruitment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
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| Judges |
GULZAR AHMED, C.J.,
MAZHAR ALAM KHAN MIANKHEL, J.,
MUHAMMAD ALI MAZHAR, J.
|
| Lawyers |
Shaukat Rauf Siddique, Additional A.G. Punjab for Appellants (in both appeals),
Naveed Ahmed Khawaja, Advocate Supreme Court (Via video link at Lahore) for Respondents Nos.1-3 and 5-7 (in C.A. No. 414/2021),
Muhammad Ozair Chughtai, Advocate-on-Record/Advocate Supreme Court (Via video link at Lahore) for Respondent along with Respondent in person at Islamabad (in C.A. No. 817/2021)
|
| Petitioners |
GOVERNMENT OF THE PUNJAB through Secretary, Schools Education Department, Lahore and others
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| Respondents |
ABDUR REHMAN and others
|
| Citations |
2022 SLD 25,
2022 SCMR 25
|
| Other Citations |
Adolph v. Elastic Stop Nut Corp. of America, 87 A.2d 736, 737, 18 N.J Super, 543,
U.S. Steel Corp. v.. Stokes, 76 S.E.2d ,474, 477, 478, 138 W.Va. 506,
Hoyt v. Hughes County, 142 N.W.471, 473. 32 S.D.117,
Dr. Zahid Javed.v. Dr. Tahir Riaz Chaudhary and others PLD 2016 SC 637,
Ibrahim v. Muhammad Hussain PLD 1975 SC 457,
Habib Bank Ltd. v. The State and 6 others 1993 SCMR 1853,
Muhammad Yar Buttar and 4 others v. Board of Governors, Overseas Pakistanis Foundation, Islamabad and another 1999 SCMR 819,
Syed Masroor Shah and others v. The State PLD 2005 SC 173
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| Laws Involved |
Not available
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| Sections |
Not available
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