GOVERNMENT OF KHYBER PAKHTUNKHWA vs LATIF ULLAH KHAN Posts of Primary School Teachers

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS LATIF ULLAH KHAN Posts of Primary School Teachers---Recruitment process---Proposed policy of five extra marks for field experience---Contention of respondent-candidate that he should be appointed against the advertised post based on the five additional marks for his field experience---Held, that the, marks obtained by the respondent were 51.89 and even if the additional five marks for experience were added, his overall marks would be 56.89---On the other hand, the candidates who had been appointed against the respective posts had obtained 58.826, 58.84 and 67.832 marks respectively---Therefore, even if the respondent was granted the additional five marks, he would still not have similar marks as those of the three candidates who had been appointed---Furthermore respondent's own witness admitted during his cross-examination that the said policy for granting additional marks for experience had not yet been implemented in practice and that only a mere proposal regarding it had been circulated---In the absence of any concrete policy in place, the respondent could not get any relief on account of his five years of experience in the field of education---Appeal was allowed. Citation Name: 2021 PLC(CS) 1120 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS LATIF ULLAH KHAN Posts of Primary School Teachers---Eligibility criteria---Preference of one diploma over the other---Under the recruitment policy, a Regular Institute of Technical Education (R.I.T.E) diploma holder was to be given preference over other candidates---However, such preference was only to be given when the candidate had equal marks as the other competing candidate on merit---Therefore, a distinction must be drawn between a R.I.T.E diploma holder who had equal marks as other candidates on the merit list and was thereby given preference on the basis of his qualification, and a R.I.T.E diploma holder who scored significantly lower marks than competing candidates---Latter candidate was not to be given preference merely by virtue of the diploma--Accordingly, the respondent-candidate, who possessed a R.I.T.E diploma, could not be given preference over the candidates appointed against the respective posts when his overall marks were significantly lower than those who were appointed on merit---Appeal was allowed. Citation Name: 2021 PLC(CS) 1120 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS LATIF ULLAH KHAN S. 115---Revisional jurisdiction of the High Court---Scope---Under S. 115 of the Code of Civil Procedure, 1908, the supervisory jurisdiction of the High Court in a civil revision petition was purely discretionary and rather limited---However, such discretion must be exercised in a lawful and valid manner on the basis of well entrenched principles of the exercise of such discretion---High Court should not arbitrarily refuse to exercise its discretionary powers, rather, it must satisfy itself as to whether jurisdiction had been exercised properly and whether the proceedings of the subordinate Court suffered from any illegality or irregularity.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs LATIF ULLAH KHAN Posts of Primary School Teachers — 2021 PLC(CS) 1120 SUPREME-COURT

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