DISTRICT EDUCATION OFFICER (FEMALE), CHARSADDA vs SONIA BEGUM S — 2023 SCMR 217 SUPREME-COURT

Case information

Citation: 2023 SCMR 217 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: DISTRICT EDUCATION OFFICER (FEMALE), CHARSADDA vs SONIA BEGUM S
Provisions referred to: S. 3---P

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

DISTRICT EDUCATION OFFICER (FEMALE), CHARSADDA VS SONIA BEGUM S. 3---Posts of Primary School Teachers, appointment of---Legitimate expectation, doctrine of---Scope and applicability---Respondents (candidates) were allowed to compete in the aptitude tests for appointment on ad hoc/contract or permanent basis as per advertisement; they qualified the test; some of them secured top positions and collectively all of them were declared eligible but they were dropped from the merit list due to difference in addresses mentioned on domicile certificates and their Computerised National Identity Cards (CNICs)---If the department had any doubt with regard to the address as mentioned in the domiciles and CNICs, then why due diligence was not done at the time of scrutiny of application forms or at the time of short-listing the candidates which was an appropriate stage to vet all the credentials and antecedents of each candidate and, in case of any objection, the candidate could be confronted and asked to remove the objection before joining the recruitment process---Thus, the conduct of the department was not above board---Nothing was said regarding any vetting of documents made before allowing the candidates to appear in the aptitude test and despite qualifying the test on the basis of documents submitted by them and securing marks on merits, they were denied the job opportunity at the eleventh hour which was against the doctrine of legitimate expectation---High Court had rightly given directions to the department to consider respondents against the vacant posts---Petitions for leave to appeal were dismissed and leave was refused.

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