Full Judgment Text & Judicial Ruling

1991 P L C (C

1991 P L C (C.S.) 517

[Lahore High Court]

Before Ihsan-ul-Haq Chaudhry, J

Mrs. AMIR FATIMAH

Versus

GOVERNMENT OF THE PUNJAB

Writ Petition No. 8866 of 1990, decided on 26th February, 1991

Constitution of Pakistan (1973)---

-----Art. 199---Appointment---Petitioner and respondent serving as teachers in Social Security Model School---Respondent applied for post of Principal in said school and ultimately after due process she was selected as such---Petitioner contended that since respondent did not possess requisite qualification as given in the advertisement and since she was junior to petitioner, she could not be appointed/promoted---Respondent's selection as Principal was in fact a fresh appointment and she was not promoted---Record showing that petitioner did not fulfil qualifications as given in the advertisement and was not upto the mark therefore she could not be appointed as Principal---Petitioner thus could not agitate against appointment of respondent---Petition was dismissed in circumstances.

Sultan Muhammad Momin for Petitioner.

ORDER

The petitioner through this writ petition has challenged the order of respondent No. 3 dated 12-3-1990.

2. The relevant facts are that the petitioner and respondent No. 5 are serving as Teachers in the Social Security Model School, Jauharabad. The respondent No. 3 invited applications for appointment of the Principal for the said school and after processing their applications respondent No. 5 was selected and appointed vide order dated 30-8-1988. The petitioner filed an appeal with the respondent No. 2 against this appointment but the same was dismissed. Thereafter she has riled the present petition.

3. The learned counsel for the petitioner in support of the petition argued that the respondent No. 5 did not possess the requisite qualifications as given in the advertisement and she was junior to petitioner, therefore, she could not be promoted.

4. I have given my anxious consideration to the arguments of the learned counsel for the petitioner and gone through the record. It is clear from the advertisement as well as impugned order that it is a case of fresh appointment. The respondent No. 5 has not been promoted. The admitted position on record is that the petitioner did not fulfil the qualifications as given in the advertisement, therefore, she was not qualified to be appointed and as such cannot agitate, against the appointment of respondent No. 5. The petitioner was not upto the mark, therefore, cannot object to the appointment of respondent No. 5.

5. The result is that there is no merit in this petition. The same is dismissed in limine.

M.Y.H./A-1228/L Petition dismissed.

Related Legal Research & Directories

• Browse all judgments from Lahore High Court
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant