Citation Name: 2023 PLC(CS) 1548 PESHAWAR-HIGH-COURTBookmark this Case IRUM IJAZ vs GOVERNMENT OF KHYBER PAKHT

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Citation Name: 2023 PLC(CS) 1548 PESHAWAR-HIGH-COURTBookmark this Case IRUM IJAZ VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 3 & 8---Constitution of Pakistan, Art. 199---Food Safety and Halal Food Authority, powers of---Constitutional jurisdiction of the High Court---Scope---Appointment criteria---Prerogative of Appointing Authority---Appointment to the post of Food Safety Officer---Eligibility criteria---Food Safety and Halal Food Authority (' the Authority') refused candidature of the petitioner, for her being a M.Sc (Hons.) in Human Nutrition---Contention of the Petitioner, claiming Human Nutrition as a discipline of Nutrition Science, was that her degree, if not higher in standard from the criteria / qualification, was at least equal to the required one, hence her candidature was wrongly refused---Validity---Close perusal of criteria / qualification ,as per advertisement for the post, showed that the candidate must have a Bachelor Degree in Food Safety / Quality Management / Food Safety and Control / Food Nutrition and Science; and if any candidate possessed a Master / B.Sc (Hons.) or BS in biological Science, such candidate should have an additional qualification i.e. Post Graduate Diploma in Food Safety and Control---Petitioner, admittedly, did not possess any Diploma or Degree in Food Safety and Control or Food Nutrition and Science---Eligibility / fitness to hold a particular post was the sole domain of the Appointing Authority and the discretion of the said Authority was structured through Rules / Regulations laying down a particular criteria for a particular post subjectively evaluated by the Competent Authority keeping in view the skills, education of a particular candidate for a particular post---High Court in its constitutional jurisdiction had no mandate to interfere unless the criteria was either contrary to law or was based on discrimination---Concerned department was in better position to lay down criteria for a particular post keeping in view the requirement of job---No case for interference by the High Court was made-out---Constitutional petition was dismissed, in circumstances.

Citation Name: 2023 PLC(CS) 1548 PESHAWAR-HIGH-COURTBookmark this Case IRUM IJAZ vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2023 PLC(CS) 1548 PESHAWAR-HIGH-COURT

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