MEHBOOB ALI RIND vs SECRETARY EDUCATION BALOCISTAN appointment — 2023 PLC(CS) 1526 QUETTA-HIGH-COURT-BALOCHIST

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MEHBOOB ALI RIND VS SECRETARY EDUCATION BALOCISTAN appointment---Withholding issuance of appointment order---Legality---Vested right of appointment---Scope---Department invited applications from female candidates for teaching positions in each district of the Province---Petitioners, along with others, applied on time---after scrutiny, qualifying tests were conducted, followed by interviews conducted by the District Recruitment Committees (DRCs)---District Recruitment Committees (DRCs) recommended the petitioners and other qualified candidates for appointment---However, the department withheld the issuance of appointment letters without providing any valid reason, except stating that the posts were related to a donor-funded project and the delay caused the donor to withdraw funding for the project---Department's reasoning was unjustified, as they failed to produce the donor's letter and the provincial government's policy despite repeated orders---Moreover, Secretary of the Education Department recognized the sensitivity of the matter and submitted a summary for the petitioners' and others' adjustment---Consequently, the posts were created and included in the PSDP (Public Sector Development Programme)---Department could not be allowed to decline or withhold the issuance of appointment orders in favor of candidates who had gone through the recruitment process and whose names were duly recommended by the Recruitment Committee, especially when the recommendations had not been challenged---Vested rights had been created in favour of the petitioners and such rights could not be taken away---Consequently, the constitutional petitions were accepted, and the judgment's benefit was extended to all candidates who had qualified the tests, interviews, and were recommended by the DRCs based on merit---Department was directed to issue orders of appointment accordingly.

MEHBOOB ALI RIND vs SECRETARY EDUCATION BALOCISTAN appointment — 2023 PLC(CS) 1526 QUETTA-HIGH-COURT-BALOCHISTAN

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