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GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary (E&S) Education Department, Peshawar vs NAJIB ULLAH KHAN S — 2022 CLC 100 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 100 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary (E&S) Education Department, Peshawar vs NAJIB ULLAH KHAN S
Subject matter
Civil
Provisions referred to
S. 42---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary (E&S) Education Department, Peshawar VS NAJIB ULLAH KHAN S.42---Concealment of facts---One who seeks equity must come to the court with clean hands---Equity, discretionary relief of--- Respondent/plaintiff filed suit for declaration/perpetual injunctions against his non-appointment while the candidates appointed who were lower in merit list than the respondent---Suit was concurrently decreed---Petitioners exposed the Constitutional petition filed by respondent earlier than filing the suit---Validity---Ground taken by the respondent in his Constitutional petition disposed of earlier by the High Court, was the same as it was the taken in present suit---Respondent concealed the fact of decision in the said petition and points agitated regarding certain appointments were nor mentioned in the plaint---High Court on the basis of inquiry conducted by Additional Registrar had appraised to the effect that respondent was refused appointment on other ground, i.e. respondent was unable to make place in Union Council/District open merit---Neither the respondent had got any right nor his any such right was ever violated rather the respondent/plaintiff had concealed the facts from the court---Concealment of fact was a ground to preclude the respondent from the relief so claimed by him before the Trial Court---High Court exercised its discretion in favour of petitioner---Revision petition was allowed, in circumstances and concurrent judgments/decrees were set-aside. Head Notes

Other judgments reported in 2022 CLC

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