MUHAMMAD BILAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Peshawar Rr

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MUHAMMAD BILAL VS GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Peshawar Rr. 10 & 11---Recruitment process---Procedural lapses---Administrative irregularities---Appointment letters of appellants were cancelled by authorities after they had completed their probation periods---Validity---High Court proceeded on the assumption that recommendations of first committee were duly available and properly placed on record at the relevant time, which in fact, was not the case---Such omission had materially affected proper appreciation of factual and legal controversy involved---Judgment passed by High Court was rendered without due consideration of material available on record and the same could not be sustained in law and was liable to be set aside---Federal Constitutional Court set aside the recommendations made by first committee, as well as appointment orders issued in favour of petitioners by appointing authority based on the recommendations of second committee, as the same were void ab initio and a nullity in the eyes of the law---Federal Constitutional Court directed that Government of Khyber Pakhtunkhwa shall re-initiate recruitment process for the same posts, strictly in accordance with law on the subject; that newly constituted Departmental Selection Committee would not advertise posts in question afresh rather, the selection process was to be conducted on the basis of the list of candidates already invited by first committee and available on record; that newly constituted committee shall examine eligibility and suitability of each candidate in accordance with prescribed requirements for the respective post, including age, qualification, and character verification; that no candidate should be disqualified solely on the ground of age, provided that he had met maximum age requirement on the date of advertisement, i.e., 02-02-2020, and was otherwise qualified for appointment to the post---Appeal was allowed.

MUHAMMAD BILAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Health, Peshawar Rr — 2026 PLC(CS) 792 FEDERAL-CONSTITUTIONAL-COURT

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