| Case ID |
f6ad73f2-1c8f-40fb-8b58-3589fc64828e |
| Body |
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| Case Number |
C.P. No. 9 of 2018 |
| Decision Date |
Jan 18, 2018 |
| Hearing Date |
Jan 11, 2018 |
| Decision |
The constitutional petition filed by Yasmeen Rehmat was dismissed in limine due to lack of maintainability. The petitioner contended that she was the successful candidate for the post of Lecturer (Botany) and challenged the appointment of another candidate with lower qualifications. However, the court found that the petitioner failed to name the successful candidate or provide sufficient evidence to substantiate her claims. The court emphasized that the petition was vague and did not disclose any cause of action against the respondents. The petitioner was granted the opportunity to challenge the selection once she ascertained the successful candidate's name. |
| Summary |
In the landmark case of Yasmeen Rehmat vs. Secretary Balochistan Public Service Commission, the Balochistan High Court addressed crucial issues surrounding the maintainability of constitutional petitions under Article 199 of the Constitution of Pakistan. The case arose when Yasmeen Rehmat, a highly qualified candidate, contested the selection of a Lecturer in Botany, arguing that the selected candidate possessed lower qualifications. The court's decision highlighted the necessity for clear evidence and the proper naming of parties involved in such petitions. The ruling underscores the importance of procedural correctness in judicial proceedings and the implications of vague petitions on the legal landscape. This case serves as a significant reference for future constitutional petitions and the standards of evidence required to support claims of unjust selection in public service appointments. Keywords such as 'constitutional petition', 'Balochistan Public Service Commission', 'higher education', and 'legal maintainability' are essential for enhancing the visibility of this case in legal discussions and research. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH
|
| Lawyers |
Abdul Zahir Noorzai
|
| Petitioners |
YASMEEN REHMAT
|
| Respondents |
3 OTHERS,
SECRETARY BALOCHISTAN PUBLIC SERVICE COMMISSION
|
| Citations |
2018 SLD 1669,
2018 PLC 835
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|