2025 PLP (C (PLC)

JAHANZEB KHAN, J.

The instant writ petition under Article 86(2) of Gilgit-Baltistan Order, 2018, with enabling articles of the Constitution the Islamic Republic of Pakistan, 1973 has been filed by the petitioner for issuance of writ of mandamus with the prayer that: "It is therefore humbly prayed that by accepting this writ petition this Honourable Court may kindly direct the respondents to disclose final merit list and issue appointment letter the petitioner against the said post. Any other relief this Honourable Court may deem fit and proper may grant in favour of the petitioner to the larger interest of law, equality equity and parity." Brief facts giving rise to the instant writ petition are that the petitioner has applied for the SPS (Special Pay Scale) posts of Primary/ Middle School Teacher BS-14) at Tehsil Gupis. The candidate/present petitioner qualified written test and got first position at Tehsil level after going through the process of interview but later on the respondents verbally issued directions that the petitioner was not eligible for the said posts being resident of hard area Moula Abad Gupis for which no post was available, this act of answering respondents is against the fundamental rights of the petitioner and also misconception of policy laid down by the respondents, hence, this writ petition.

2. Heard on preliminaries and record perused with the able assistance of learned counsel for the parties.

3. Perusal of record reveals that the respondents Nos. 2 and 3 advertised different posts against the SPS project in Gilgit Baltistan through CTSP including the impugned two (2) posts of Primary/ Middle School Teacher for Gupis Tehsil. After conducting written test, the CTSP issued tentative merit list of qualified candidates, wherein the present petitioner stood 3rd. During the scrutiny of documents one of the candidates namely Sher Alam Jan who was topper of the written test was failed to provide relevant/ requisite documents, hence he was disqualified, resultantly the present petitioner stood second in the written test.

4. Later on the present petitioner has been verbally disqualified by the respondents on the pretext that the petitioner is resident of hard area Moula Abad, Gupis. Vide order sheet dated 10-03-2023 passed by this Court respondents Nos. 2 and 3 were directed to appear in person along with relevant record of the case to assist this Court. Record of the case provided by the respondents Nos.2 and 3 was perused minutely and found that as per the recommendations of DRC two candidates qualified for the post of Primary/ Middle School Teacher, wherein the present petitioner has topped the merit list by securing highest marks, i.e. 69.2/100 in the final merit list. Since the petitioner is the topper at Tehsil level and has remained distinguished candidate through-out the selection process and no vacancy is available in his area (hard area) for employment as unfolded by the notification of Secretary Education. Therefore, being topper at Tehsil level the petitioner has substantial right and is entitled for adjustment/ employment against the available vacant post of SPS (Special Pay Scale) Primary/ Middle School Teacher BS-14 in Tehsil Gupis. The candidate must be given an opportunity to serve the Department of Education.

5. The instant petition is accepted on above terms with the direction to the answering respondents to adjust/ appoint the present petitioner in Primary/ Middle School Teacher BS-14 against the impugned vacant post. The instant petition along with C.M.No.1109/ 22 is hereby disposed of on above terms. File. MQ/5/GB Petition allowed.