Citation Name: 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURTBookmark this Case Mst. HALEEMA BIBI vs The ADDITIONAL CHI

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Citation Name: 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURTBookmark this Case Mst. HALEEMA BIBI VS The ADDITIONAL CHIEF SECRETARY FATA, FATA SECRETARIAT, WARSAK ROAD, PESHAWAR S.3---Constitution of Pakistan, Arts. 4, 9 & 25---Appointments under Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011 ('the Act 2011')---Merit or local based, question of---Vires of S. 3 of the Act 2011---Contention of the petitioners (candidates) was that the law-in-question had given preference to the locals instead of merit based appointments, thus the same be declared violative of Arts. 4, 9 & 25 of the Constitution---Validity---Main emphasis of the petitioners was on a judgment passed by the Supreme Court, but the said judgment was in fact a leave refusing order maintaining a judgment of the High Court---Petitioners were not actually fulfilling the criteria as S. 3 of the Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011, ('the Act 2011') stipulated that the post of Primary School Teacher would be filled in from the candidates belonging to the Union Councils of their permanent residence mentioned in their CNICs and Domiciles on merit---High Court noticed that many candidates had frequently been applying with different Domiciles/CNICs depriving the genuine candidates of the concerned area of their rights---Candidate must be eligible in all respects in accordance with the advertisement on the last date of submission of applications for appointment and any subsequent changes after the cut-off date for bringing such candidate as eligible were not sustainable---Even the petitioners had not questioned the vires of the Act, 2011 while going through all the process of applying in wake of the advertisement but after having been found ineligible, they had challenged the Act, 2011, which plea was hit by the principle of waiver---High Court declared that S.3 of the Act, 2011 was not violative of any of the express provisions of law / Constitution or did not suffer from any incompetence in the legislative body that promulgated the same---Constitutional petitions were dismissed, in circumstances. Citation Name: 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURTBookmark this Case Mst. HALEEMA BIBI VS The ADDITIONAL CHIEF SECRETARY FATA, FATA SECRETARIAT, WARSAK ROAD, PESHAWAR O.II, R.2---Constitution of Pakistan, Art.199---Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act (XII of 2011), S.3---Second constitutional petition---Maintainability---Appointments under Khyber Pakhtunkhwa (Appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory Act, 2011, ('the Act 2011')---Petitioners invoked constitutional jurisdiction of the High Court against the termination orders, claiming that their appointments were made on an order of High Court and they also challenged the vires of S.3 of the Act, 2011---Validity---Though ,previously, some cases were allowed by the High Court and relevant petitioners were allowed appointments in contempt proceedings but the same (appointments) were subject to the decision of the Supreme Court as authorities had already preferred appeals against the judgments of said cases before the Supreme Court---Record revealed that the Supreme Court as an Appellate Court had passed decision in favour of the authorities /respondents---So despite the decision of the Supreme Court, again (present) constitutional petitions were filed by the petitioners against their termination orders and they also challenged vires of S. 3 of the Act, 2011---High Court observed that the present constitutional petitions were not maintainable being hit by the provisions of O. II, R.2 of the Civil Procedure Code, 1908 and High Court could not again adjudicate cases of present petitioners when their matter (termination from service) was subject/pursuant to the orders of the Supreme Court---Constitutional petitions were dismissed, in circumstances. Citation Name: 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURTBookmark this Case Mst. HALEEMA BIBI VS The ADDITIONAL CHIEF SECRETARY FATA, FATA SECRETARIAT, WARSAK ROAD, PESHAWAR art.199---Khyber Pakhtunkhwa (appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory act (XII of 2011), S.3---Legislative enactment, striking of---Powers of the High Court---Scope---Vires of S.3 of Khyber Pakhtunkhwa (appointment, Deputation, Posting and Transfer of Teachers, Lecturers, Instructors and Doctors) Regulatory act, 2011, ('the act 2011')---Legislative enactment could be struck down by the High Court only on two grounds: where the appropriate legislature did not have competency to make the law; secondly, the enactment had abridged any of the fundamental rights enshrined in the Constitution or any other constitutional provisions ---High Court observed that S. 3 of the act 2011 was not violative of any of the express provisions of law / Constitution or did not suffer from any incompetence in the legislative body that promulgated the same---Constitutional petitions were dismissed, in circumstances.

Citation Name: 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURTBookmark this Case Mst. HALEEMA BIBI vs The ADDITIONAL CHIEF SECRETARY FATA, FATA SECRETARIAT, WARSAK ROAD, PESHAWAR S — 2023 PLC(CS) 1448 PESHAWAR-HIGH-COURT

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