Citation Name: 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURTBookmark this Case SALEEM AHMAD vs GOVERNMENT OF KHYBER PA

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

Citation Name: 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURTBookmark this Case SALEEM AHMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.10---Establishments to employ disabled persons---Scope---Department advertised vacancies for the positions of Theology Teacher (BPS-15), Arabic Teacher (BPS-15), and Qari/Qaria (BPS-12) with a provision to fill 2% of the posts from disabled candidates---Petitioner applied for all three positions and followed the required procedure---Petitioner ranked second on the merit list for the position of Arabic Teacher, while the first-ranked candidate had relinquished his right to the appointment---For the position of Qari/Qaria, the petitioner was the only candidate on the merit list---Petitioner filed a representation, but it was disregarded by the department---Before the High Court, department cited non-availability of posts under the 2% disabled quota for which the petitioner had applied---Validity---Establishment had 2094 sanctioned posts, of which 36 had been filled under the disabled quota---According to S.10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, at least two percent of the total number of employees at an establishment must be disabled individuals---Two percent of the total sanctioned posts was 41.88, which left 5.88 posts still to be filled by disabled individuals---Since the petitioner met the criteria for appointment to the positions of Arabic Teacher and Qari/Qaria, the respondents were required to appoint him under the 2% disabled quota---Petition was therefore disposed of accordingly. Citation Name: 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURTBookmark this Case SALEEM AHMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 199---Constitutional jurisdiction---Judicial review---Scope---Constitution requires that public functionaries, deriving authority from or under law, are obliged to act justly, fairly, equitably, reasonably, without any element of discrimination and squarely within the parameters of law, as applicable in a given situation---any deviation therefrom can be corrected through appropriate orders under art.199 of the Constitution. Citation Name: 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURTBookmark this Case SALEEM AHMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.10---Establishments to employ disabled persons---Scope---Bifurcation of different cadres posts pertaining to the total strength of establishment is against the mandate of S. 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981.

Citation Name: 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURTBookmark this Case SALEEM AHMAD vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2023 PLC(CS) 1043 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 PLC