Amshid Ali Vs Govt of KPK etc

Judgment Sheet

IN THE PESHAWAR HIGH COURT,

PESHAWAR

Judicial department

JUDGMENT

Writ Petition No.2264-P/2016 Date of hearing......19.12.2016

Amshid Ali Vs Government of KPK& others.

Petitioner(s) by: Mr. Saeed Akbar Orakzai, Advocate.

Respondent(s) by : Mr. Mujahid Ali, AAG.

MOHAMMAD IBRAHIM KHAN, J:-

By our commutual findings we propose to dispose of this writ petition as well as W.P No.2338- P/2016 titled Ijaz –ul-Haq Vs Government of KPK & others as identical questions of law and similar controversy is around involved in these petitions.

2.In this petition Amshid Ali is aggrieved from the respondents whereby they have refused him to appoint on one of the vacant post of CT (BPS-15), he possessed all the require qualification and having fulfill the requirements Ijaz

mentioned for the post when the form has been downloaded from the internet. He also appeared for clearance of the NTS examination, who stood on the top by securing 125.29 marks as successful candidate but despite the fact he has been ignored and respondents No.6 to 26 have been appointed.

Stating grounds from A to M he prayed under the writ petition stance as:-

“It is, therefore, requested that on acceptance of this writ petition, the order of respondents No.1 to 5 may kindly be declared as null and void and ineffective upon the rights of petitioners being based on favoritism under political pressure and may kindly be cancelled and the respondents No.1 to 5 may kindly be directed to issue appointment letter to petitioner being on top of the merit list”.

3.In another writ petition No.2338- P/2016 titled Ijaz-ul-Haq Vs Government of KPK & others, there are 06 petitioners who have join together for favour when they had applied for the post of PST (BPS-12) they have qualified the written test as per registration form which has Ijaz

already been downloaded from the internet, who possessed all the requirements at the very inception. They have qualified the written test with high marks but appointment letters have been issued to respondents No.1 to 5 as successful candidates and they have been ignored now seeking the constitutional jurisdiction of this Court for an appropriate remedy with the following prayer:-

“It is, therefore, humbly prayed that on acceptance of this writ petition, the order of respondents No.1 to 5 may kindly be declared as null and void and ineffective upon the rights of petitioners being based on favoritism under political pressure and may kindly be cancelled and the respondents No.1 to 5 may kindly be directed to issue appointment letter to petitioners having better score then the respondents No.6 to 212”.

4.Comments from the respondents in each petition were called for which were accordingly submitted. The respondents did not deny the merit of the petitioner/petitioners in each petition but when scrutiny of the documents of Ijaz

each petition was conducted it was found that petitioner Amshid Ali in W.P No.2264-P/2016 his permanent address in CNIC is

While in W.P No.2338-P/2016 all the petitioners were dropped by DSC due to dual address of Orakzai Agency except one of the petitioner Muhammad Idress who was dropped because of his permanent address Shanawari Hangu another U.C Kotki who has applied for the post falling under U.C Kach.

5.In both these petitions the

petitioners with the consent of the Court submitted their rejoinder and on the ground mentioned therein they have referred to their qualification and passing of NTS test but mainly posed that they are the permanent resident of Hangu while their Domicile Certificates.

6.Having heard learned counsel for petitioners and learned AAG for State, record with their assistance gone through.

Ijaz

7.It is by the Advertisement from the office of District Education Officer ( Male ) Elementary and Secondary Education District Hangu that the posts have been advertised by the criteria made in the general condition that every candidate to appear and qualified the required test criteria it has been put mandatory that the candidate shall possess his Domicile and the declaration of the National Identity Care to be the resident of District Hangu otherwise such an application by any candidate shall not be at all considered. There is another condition that these posts are mainly created for U.C pertaining to posts where have been advertised and anyone who has not the permanent resident of such U.C shall also be debarred provided if an appropriate candidate are not available for the post advertised for the respective U.C then an option has been made available that from the suitable candidate adjoining U.C the post may be filled. The petitioners are possessing the required qualification, they have clear all the tests and interviews and this fact has not been denied but Ijaz

none of the petitioners has come up to convince the Court that belong to District Hangu as the National Identity Cards have been issued to all the petitioners being permanent resident of Orakzai Agency. Yes there is only one petitioner Muhammad Idrees in W.P No.2338-P/2016 who belong to District Hangu but it is his hard luck that he hails from Village Shanwari which is under U.C Kotki whereas he has applied for the post falling under U.C Kach. Since all the rest respondents who have been selected belong to U.C Kach and left out no post is available for candidate who has come up to the criteria for adjoining U.C, therefore in all probabilities none of the petitioners have been considered for the post of advertised in to be filled.

8.The controversy leading to the

permanent addresses of the petitioners which pertain to the Orakzai Agency but Domicile has been obtained from the villages of District Hangu will fall to be a factual controversy which cannot be resolved by way of presentation for obtaining any relief through writ petition.

Ijaz

Announced.

JUDGE

JUDGE

Ijaz