SABA SARWAR vs GOVERNMENT OF PUNJAB art — 2023 PLC(CS) 245 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 245 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: SABA SARWAR vs GOVERNMENT OF PUNJAB art
Subject matter: Constitutional

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

Judgment text as reported

SABA SARWAR VS GOVERNMENT OF PUNJAB art.199---Constitutional petition---Civil service---appointment to advertised post---Erroneous appointment---Scope---District Education authority advertised the posts of Elementary School Educators but erroneously mentioned the name of wrong Union Council---Petitioner was resident of the Union Council mentioned in the advertisement---District Recruitment Committee awarded twelve additional marks of local residence to the petitioner and generated letter of agreement against the post, however, later on vide impugned order the Committee revised the award of additional marks of local residence---Validity---Petitioner had not challenged the impugned order on the ground of her entitlement under the Recruitment Policy 2016-17, therefore, the impugned order was not questionable in so far as lack of entitlement of the petitioner to additional marks for local residence was concerned---Contention of petitioner that the appointment, even if made on the basis of an erroneous merit list prepared pursuant to an erroneous advertisement in violation of the Government Policy, could not be disturbed when the mistake was attributable to someone else was untenable---Petitioner undisputedly was beneficiary of the errors in recruitment process, therefore, it was improper on the part of the High Court to exercise extraordinary jurisdiction under art. 199 of the Constitution---Constitutional petition was dismissed.

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