AHMAD ULLAH vs DISTRICT EDUCATION OFFICER (MALE), BUNER S — 2024 PLC(CS) 1530 SUPREME-COURT

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AHMAD ULLAH VS DISTRICT EDUCATION OFFICER (MALE), BUNER S. 3(2)---Constitution of Pakistan, Arts. 199 & 212---Promotion---Eligibility for promotion---Term and condition of service---Ouster of jurisdiction of the High Court---Scope---Eligibility (for promotion) purely relates to the terms and conditions of service, for example the prescribed length of service, quantification of the marks relating to performance evaluation reports (PERs), completion of training programs etc.---Only factor which is excluded from the exclusive jurisdiction and domain of the Tribunal is the decision of a designated authority/forum regarding 'fitness', while eligibility and all other matters relating to the terms and conditions of service are exclusively within the domain of the Tribunal---Exclusive jurisdiction conferred upon the Tribunal, pursuant to the clear constitutional command under Article 212 of the Constitution, ousts the jurisdiction of a High Court while exercising jurisdiction under Article 199 of the Constitution to decide, entertain or adjudicate upon any matter relating to the terms and conditions of service---Bar under Article 212 of the Constitution extends even when an order passed by the departmental authority is without jurisdiction, mala fide, coram non judice, or in breach of the fundamental rights guaranteed under the Constitution. Citation Name: 2024 PLC(CS) 1530 SUPREME-COURTBookmark this Case AHMAD ULLAH VS DISTRICT EDUCATION OFFICER (MALE), BUNER arts. 199 & 212---Civil service---Terms and conditions of service---Ouster of jurisdiction of the High Court---Scope---Constitutional petition filed before the High Court by a civil servant---Maintainability---Before taking any decision regarding admission of a constitutional petition brought by a civil servant, the High Court is expected to first decide the question of jurisdiction, having regard to the bar contained under article 212 of the Constitution---Plea taken by an aggrieved civil servant regarding violation of fundamental rights guaranteed under the Constitution also does not confer jurisdiction on a High Court under article 199 of the Constitution.

AHMAD ULLAH vs DISTRICT EDUCATION OFFICER (MALE), BUNER S — 2024 PLC(CS) 1530 SUPREME-COURT

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