MADEEHA MUNIR vs GOVERNMENT OF THE PUNJAB appointment — 2024 PLC(CS) 68 LAHORE-HIGH-COURT-LAHORE

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MADEEHA MUNIR VS GOVERNMENT OF THE PUNJAB appointment---Merit list---Software error---Principle of locus poenitentiae---Non-applicability---appointments, on contract basis, made by the Provincial Government, withdrawal of---Legality---Basis of withdrawal was that on account of some error in the software, appointments of the Educators were made on wrongly generated merit list, and new appointments of deserving candidates were later made on basis of rectified /original merit list---Constitutional petitions filed by the earlier appointees were allowed, against which order new appointees preferred present appeal---Plea of the respondents(earlier appointees), relying on the basis of principle of locus poenitentiae, was that once the contracts of employment had been issued, they could not have been withdrawn---Validity---Record revealed that the entire process of recruitment was completed on software provided by Respondent (Education Department)---admittedly, the appointments, on contract basis, were to be made against vacant seats in schools of particular area and on the basis of school specific merit---Soon after the execution of agreements of the private respondents (earlier appointees), some error in the software was detected, which purportedly had resulted into selection of candidates having lower marks---as per the criteria in the concerned policy, those securing higher marks than the appointed candidates could not be appointed due to the software error---Even the documents as well as the pleadings also showed that number obtained as per the rectified merit list were not disputed , but private respondents (earlier appointees) had built up their case on the basis of principle of locus poenitentiae---However, if an act is wrongly done due to some misunderstanding, error or illegality, the principle of locus poenitentiae does not come into operation to protect such wrong---If foundation of an action is based on an illegality or error, the protection of locus poenitentiae cannot be provided to beneficiary of said action at cost of others who are otherwise placed higher in merit---In the absence of any specific evidence or material showing favoritism, political interference or departure from merits or mala fide established through clear evidence, the interference in the process of requirements was not warranted by law---There was no evidence or document leading to inference that the respondent (Education Department) had appointed the appellants (later appointees) without merit or against the policy or rules---Even private respondents (earlier appointees) could not deny that the appellants (later appointees) did possess the requisite qualifications, therefore, no interference in said process of appointments through jurisdiction under art. 199 of the Constitution was warranted---Intra Court appeals, filed by later appointees were allowed accordingly.

MADEEHA MUNIR vs GOVERNMENT OF THE PUNJAB appointment — 2024 PLC(CS) 68 LAHORE-HIGH-COURT-LAHORE

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