2025 PLC 1058 Gilgit-Baltistan Chief Court

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AMIRUDDIN VS PROVINCIAL GOVERNMENT GILGIT-BALTISTAN through Chief Secretary, Gilgit-Baltistan Civil Secretariat, Gilgit Posts of Primary/Middle School Teacher (BS-14) at Tehsil (Gupis of District Ghizer)---Appointment---Eligibility---Candidate belonging to hard area of Tehsil---Petitioner /candidate filed writ petition contending that he got first position in his Tehsil 'Gupis' ('Tehsil-in-question') after going through the process of written test and interview but the respondents (Education Department) verbally issued directions that he was not eligible for the post being resident of hard area (Moula Abad Gupis) for which no post was available---Validity---Record revealed that the Respondents advertised different posts including the two (2) posts of Primary/Middle School Teacher for tehsil-in-question---After conducting written test, tentative merit list of qualified candidates was issued, wherein the petitioner stood 3rd---During the scrutiny of documents one of the candidates, who was topper of the written test, failed to provide relevant/required documents, hence he was disqualified; resultantly, the petitioner stood second in the written test---Later on, the petitioner had been verbally disqualified by the respondents on the pretext that the petitioner was resident of hard area (Moula Abad, Gupis)---Record (provided before the Chief Court by the respondents) revealed that as per the recommendations two candidates qualified for the posts of Primary/Middle School Teacher, wherein the petitioner had topped the merit list by securing highest marks in the final merit list---Since the petitioner was the topper at Tehsil level and had remained distinguished throughout the selection process and no vacancy was available in his area (hard area) for employment, therefore, being topper the petitioner had substantial right and was entitled for adjustment/employment against the available vacant post of SPS (Special Pay Scale) Primary/Middle School Teacher BS-14 in Tehsil Gupis---Petitioner / candidate must be given an opportunity to serve the Department of Education---Chief Court directed the respondents to adjust the petitioner as Primary School Teacher (BS-14) against the vacant post---Writ petition, filed by candidate, was allowed, in circumstances.

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