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Official Citation: 2024 SCMR 424
Court / Jurisdiction: Supreme Court of Pakistan
Year of Decision: 2023
Decision Date: 2023-12-11
Parties: Government of Khyber Pakhtunkhwa through Secretary,, Elementary & Secondary Education Department, Peshawar and others vs Amjad ur Rahman and others
Ruling Summary: This decision was rendered by the Supreme Court of Pakistan on 2023-12-11, officially reported as 2024 SCMR 424. In this matter between Government of Khyber Pakhtunkhwa through Secretary,, Elementary & Secondary Education Department, Peshawar and others and Amjad ur Rahman and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 SCMR 424
Court Name: Supreme Court of Pakistan Judge(s): Amin-Ud-Din Khan, Athar Minallah, Qazi Faez Isa (C.J) Title:Government of Khyber Pakhtunkhwa through Secretary,, Elementary &
Secondary Education Department, Peshawar and others vs Amjad ur Rahman and others Case No.: Civil Petition No.225-P of 2023 Date of Judgment:2023-12-11 Reported As: 2023 SCP 391, 2024 PLC (C.S.) 554, PLJ 2024 SC 255, 2024 SCMR 424 Result: Petition Dismissed Judgment ORDER Qazi Faez Isa, CJ. 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 & 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
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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.