BISMILLAH DIN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar Merit list, objection to — 2023 PLC(CS) 910 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS) 910 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: BISMILLAH DIN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar Merit list, objection to
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

BISMILLAH DIN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar Merit list, objection to---Necessary party---Scope---Department advertised 22 posts for Male Primary School Teacher---Petitioner applied for the post and took the examination---Petitioner later approached the department for re-checking and pointed out that he had given the correct answer at Serial No. 39 of the MCQs (Multiple Choice Questions) but was not awarded a mark---One mark could have raised the petitioner from Serial No. 23 to Serial No. 21 of the merit list---Question put to the candidates who appeared in the written test conducted by the department was "What was called as 'Fateh Mubeen' in Holy Quran?"---Four choices were given: (i) Ghazwa-i-Badar (ii) Ghazwa-i-Tabuk (iii) Fatah-e-Makkah (iv) Sulah-e-Hudaibiya---Correct answer to the question was Sulah-e-Hudaibiya and the petitioner had answered it correctly---However, the petitioner had not arrayed the candidates/selectees who would be affected if relief was granted to him, nor had any attempt been made to array them as respondents---If relief was granted to the petitioner, it would result in the perpetuation of injustice---Education Testing and Evaluation Agency was directed to be careful in the future---Constitutional petition was disposed of accordingly. art. 20---Freedom to profess religion and to manage religious institutions---Scope---article 20 of the Constitution gives right to every citizen to profess, practice and propagate his religion and provides that every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

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