ABDULLAH vs PROVINCE OF BALOCHISTAN Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019)

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ABDULLAH VS PROVINCE OF BALOCHISTAN Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019)---Notification No. S.O (S-III)2-22/2019-Edu/5270-5364 dated 03-05-2019---Appointment against the post of Physical Education Teacher (BPS-14)---Petitioners having Diploma in Physical Education---Stipulation of diploma in Physical Education contained in Balochistan Education Department (Schools Branch) (Men's Section) (Basic Pay Scale 1 to 15) Service Rules, 1984 was removed through Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019)---Department invited applications for the post of Physical Education Teacher wherein condition of holding diploma in Physical Education was not stipulated---Petitioners being qualified candidates having Master Degree and Diploma in Physical Education requested the authorities to include the requirement of diploma in Physical Education for the post of Physical Education Teachers in Balochistan Education Department (Schools Branch) (Men's Section) (Basic Pay Scale 1 to 15) Service Rules, 1984 but their request was declined---Validity---Authorities had removed condition of diploma in Physical Education for the post of Physical Education Teacher in Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) without any reason---Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) in presence of Balochistan Education Department (Schools Branch) (Men's Section) (Basic Pay Scale 1 to 15) Service Rules, 1984 did not have overriding effect over the said Rules of 1984---Authorities, while devising Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) neither amended Balochistan Education Department (Schools Branch) (Men's Section) (Basic Pay Scale 1 to 15) Service Rules, 1984 nor brought the said Policy of 2019 in consonance with the Rules of 1984---Even Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) was silent with regard to removing the condition of holding a diploma in Physical Education---Rights of persons who were Physical Education Diploma holders and were eligible for the post of Physical Education Teacher had been infringed due to act of the authorities who had issued Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019)---Authorities were directed by the High Court to insert the condition of diploma in Physical Education with second division in Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) and appoint the eligible candidates against the post of Physical Education Teacher in accordance with law---Constitutional petition was allowed in circumstances.

ABDULLAH vs PROVINCE OF BALOCHISTAN Revised Teaching Staff (BPS-9 to 15) Recruitment Policy (2019) — 2021 PLC(CS) 272 QUETTA-HIGH-COURT-BALOCHISTAN

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