ROZINA AHMED vs PROVINCE OF PUNJAB Locus Poenitentiae, doctrine of — 2025 PLC(CS) 1630 LAHORE-HIGH-COURT-LAHOR

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ROZINA AHMED VS PROVINCE OF PUNJAB Locus Poenitentiae, doctrine of---Appointment Withdrawal of---Scope---Appointment of the petitioner was withdrawn on the ground that at the time of applying for the post she was not in possession of degree of MCS and that there was a difference with regard to total marks secured by her in the Provisional Result Card and Final Transcript---Validity---Record showed that after fulfilling all codal formalities including scrutiny process, written examination as well as interview, etc., the petitioner was selected against the post of ESE (Sci-Math) and as a consequence of which she was issued relevant letter of Agreement/Appointment dated 31.07.2017---Petitioner submitted her joining report and then started working as teacher in school---However, almost two months later, her appointment letter was withdrawn by respondent No.5 through impugned order---Undeniably, at the time of submission of application petitioner annexed Provisional Result Card issued by the concerned university on which date of issuance was mentioned as 27.01.2017 relating to academic Session 2014-2016 while the cut-off date mentioned in the advertisement was 07.02.2017; meaning thereby that she had passed the MCS Degree Examination successfully much prior to the cut-off date---After two months of her joining the duty, the petitioner was asked to produce final Result Card---Petitioner submitted Final Transcript/Result Card, which contained the date of completion as 07.04.2017 whereas date of issuance was 13.04.2017---The respondents/authorities instead of first getting clarification from the concerned university as to whether on 07.02.2017 petitioner had passed the MCS Examination (Sessions 2014-2016) straightaway withdrew her appointment letter vide impugned order dated 24.10.2017 maintaining that the same was issued after the cut-off date mentioned in the advertisement---Admittedly, the Provisional Result Card and Final Transcript pertain to the same MCS Session 2014-2016---In both result cards marks obtained by the petitioner against each subject were same and the name of subjects were same in both the Result Cards---The meaning of 'Provisional' is temporary and provisional document is issued only for the time being which is always temporary in nature and likely to vary in future---In the present case, the result of one of the subjects was kept in waiting and the same was yet to be declared,however, institution/university in routine or on the request of petitioner as she had to apply for the post under reference issued Provisional Result Card which clearly mentioned that number of one of the subjects was yet to be prepared/calculated by the Controller of Examination's Department of the institution/university---It is also not the case of respondents/authorities that petitioner had committed fraud, cheating or she obtained the post in question on the basis of fake MCS degree at the time of test/interview, thus , when material facts as discussed above fully proved that petitioner had passed the MCS Examination much before the cut-off date, disparity in dates on both Result Cards does not have any significance---Where a right is created by the act of the Appointing Authority and under the rule of locus poenitentiae in favour of the employees, it cancot haphazardly be dismissed---High Court set-aside the impugned orders passed by the respondents/authorities being illegal and unlawful, and directed them to allow the petitioner to resume her duty as ESE (Sci-Math) forthwith---Constitutional petition was allowed accordingly.

ROZINA AHMED vs PROVINCE OF PUNJAB Locus Poenitentiae, doctrine of — 2025 PLC(CS) 1630 LAHORE-HIGH-COURT-LAHORE

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