Mst. FOZIA INAYAT vs GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2022 PLC(CS) 341 PESHAWAR-HIGH-COURT

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Mst. FOZIA INAYAT VS GOVERNMENT OF KHYBER PAKHTUNKHWA R.10---Constitution of Pakistan, Arts. 199 & 18---Appointment by initial recruitment---Advertisement for recruitment---Scope---Petitioners assailed appointments of respondents on the ground that they were appointed without following the prescribed procedure i.e. without being registered with "Employment Exchange" and publishing proper advertisement in newspapers---Official respondents conceded that for filling the posts, the official respondents had neither advertised the posts nor the respondents were registered with the Employment Exchange, however, added that as the authorities were not civil servants, so, they were not bound to follow the procedure as they had their own rules for initial recruitment---Validity---Statutory provisions of Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, regarding appointment were applicable to the department---As the appointment of the respondents had not preceded by the advertisement of the posts or sending of requisition to the "Employment Exchange" with a view to enable other eligible persons to be considered for recruitment against the vacant posts, therefore, there was no escape from the conclusion that the respondents had got entry in the service by back door method and they were benefitted by fraudulent system of employment engineered by authorities---When the respondents were not appointed by following the prescribed procedure then they could not claim any leniency and protection even on the principle of locus poenitentiae---Constitutional petition was allowed, appointments were set aside and the competent authority was directed to re-initiate the selection process. Head Notes

Mst. FOZIA INAYAT vs GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2022 PLC(CS) 341 PESHAWAR-HIGH-COURT

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