WAHEED KHAN vs CHIEF SECRETARY KHYBER PAKHTUNKHWA art — 2021 PLC(CS) 1114 PESHAWAR-HIGH-COURT

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WAHEED KHAN VS CHIEF SECRETARY KHYBER PAKHTUNKHWA art.199---Qanun-e-Shahadat (10 of 1984), art. 114---Civil service appointment process---Policy decision by Government---Participation of candidate in appointment process---Estoppel---Scope---Petitioners impugned advertisement whereby the condition of professional qualifications qua appointment against teaching cadre posts was done away with and instead an in-service training in the relevant subject was held to be mandatory for the incumbents---Validity---Petitioners could not pinpoint any element of mala fide or legal incompetence of the respondents in amending the recruitment rules on the basis of which impugned advertisement was floated---Executive authorities had the prerogative to frame policy or amend rules in accordance with the exigencies of service to cope up with the ever changing requirements and the court could not substitute its views in the decision of the Government with regard to the policy matters unless it ran counter to the mandate of the Constitution---Earlier, there were instances when the candidates claiming professional qualifications were duly appointed on the basis of educational certificates but then in several cases such certificates turned out to be fake and bogus being not issued by proper institutes and the incumbents were then terminated from service even after putting up service for a couple of years and even more---Present system of giving in-service training to the fresh appointees through a properly organized and duly recognized training institutes of the Government had in fact allayed the possibility of appointment of candidates on the basis of bogus and fake certificates---Petitioners had participated in the test but had failed to qualify the same, such action on their part amounted to estoppel---No case for issuance of the writ asked for was made out---Constitutional petition was dismissed.

WAHEED KHAN vs CHIEF SECRETARY KHYBER PAKHTUNKHWA art — 2021 PLC(CS) 1114 PESHAWAR-HIGH-COURT

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