2024 PLP (C (PLC(CS))
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Elementary and Secondary Education Department, Peshawar and others Versus AMJAD UR RAHMAN and others
| Citation | 2024 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ |
| Parties | GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Elementary and Secondary Education Department, Peshawar and others Versus AMJAD UR RAHMAN and others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2024 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP (C (PLC(CS)) (GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary, Elementary and Secondary Education Department, Peshawar and others Versus AMJAD UR RAHMAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sultan Mazhar Sher Khan, Additional Advocate General, Khyber Pakhtunkhwa along with Mehmood Ghaznavi, D.E.O. (Male) Chitral for Petitioners.
- ----Appointment---Candidate on top of merit list not selected on the grounds that he was over qualified for the post advertised---Propriety---Frivolous litigation initiated by the Provincial Government---Petitioners had advertised in the year 2018 for the selection of two computer teachers in basic pay scale of 12 and had prescribed the minimum qualification as Intermediate with one year diploma in computer sciences---Respondent held a B.Sc. and M.Sc. degree in computer science and came on the top of the merit list but still was not appointed for the reason that he was over-qualified---Held, that it appeared that those in charge of educating the children of the province were bereft of common sense by disqualifying a person who was more qualified and thus better placed to impart computer science education and favoured one less qualified---Not only the respondent was made to suffer but the children, who would have benefited from his knowledge, were condemned---Leave to appeal was declined and the petition was dismissed with costs incurred by the respondent, that is two hundred thousand rupees to be paid to the respondent---Supreme Court directed that judgment regarding appointment of respondent will also be implemented, and if it is not complied with, the Provincial Secretary, Elementary and Secondary Education, may be proceeded against for contempt of Court, and that copy of present order be sent to the petitioners and the respondents, to the Advocate General, Provincial Chief Secretary and Secretary Law who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers.
- 2. There is no reason to interfere with the impugned judgment. Leave to appeal is declined and this petition is dismissed with costs incurred by the respondent No.1, that is two hundred thousand rupees to be paid to the respondent No.1 on or before 31 December 2023. Needless to state the judgment regarding appointment of respondent No.1 will also be implemented by or before such date, and if it is not complied with, the Secretary, Elementary and Secondary Education, Government of Khyber Pakhtunkhwa may be proceeded against for contempt of Court. A copy of this order be sent to the petitioners and the respondents, to the Advocate General, Chief Secretary and Secretary Law of Khyber Pakhtunkhwa who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers.
Headnotes / Summary
(Against the judgment dated 22.02.2023 of the Peshawar High Court, Mingora Bench (Dar-ul-Qaza) Swat passed in W.P. No. 657-M of 2020)
Candidate on top of merit list not selected on the grounds that he was over qualified for the post advertised
Frivolous litigation initiated by the Provincial Government
Petitioners had advertised in the year 2018 for the selection of two computer teachers in basic pay scale of 12 and had prescribed the minimum qualification as Intermediate with one year diploma in computer sciences
Respondent held a B.Sc. and M.Sc. degree in computer science and came on the top of the merit list but still was not appointed for the reason that he was over-qualified
Held, that it appeared that those in charge of educating the children of the province were bereft of common sense by disqualifying a person who was more qualified and thus better placed to impart computer science education and favoured one less qualified
Not only the respondent was made to suffer but the children, who would have benefited from his knowledge, were condemned
Leave to appeal was declined and the petition was dismissed with costs incurred by the respondent, that is two hundred thousand rupees to be paid to the respondent
Supreme Court directed that judgment regarding appointment of respondent will also be implemented, and if it is not complied with, the Provincial Secretary, Elementary and Secondary Education, may be proceeded against for contempt of Court, and that copy of present order be sent to the petitioners and the respondents, to the Advocate General, Provincial Chief Secretary and Secretary Law who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers. Respondent No.1 in person.
Judgment & Decree
Qazi Faez Isa, C.J. This is yet another prime example of frivolous litigation being initiated by a provincial government. The petitioners had advertised in the year 2018 for the selection of two computer teachers in basic pay scale of 12 and had prescribed the minimum qualification as Intermediate with one year diploma in computer sciences. The respondent No.1 held a B.Sc. and M.Sc. degree in computer science and came on the top of the merit list but still was not appointed for the reason that he was over-qualified. It appears that those in charge of educating the children of the province were bereft of common sense by disqualifying a person who was more qualified and thus better placed to impart computer science education and favoured one less qualified. Not only the respondent No.1 was made to suffer but the children, who would have benefited from his knowledge, were condemned.
2. There is no reason to interfere with the impugned judgment. Leave to appeal is declined and this petition is dismissed with costs incurred by the respondent No.1, that is two hundred thousand rupees to be paid to the respondent No.1 on or before 31 December 2023. Needless to state the judgment regarding appointment of respondent No.1 will also be implemented by or before such date, and if it is not complied with, the Secretary, Elementary and Secondary Education, Government of Khyber Pakhtunkhwa may be proceeded against for contempt of Court. A copy of this order be sent to the petitioners and the respondents, to the Advocate General, Chief Secretary and Secretary Law of Khyber Pakhtunkhwa who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers. MWA/G-15/SC Petition dismissed.