Government of Khyber Pakhtunkhwa through Secretary,, Elementary &
This matter concerns a petition for leave to appeal filed by the Government of Khyber Pakhtunkhwa against a High Court decision regarding the appointment of a computer teacher. The provincial government had advertised for the position of computer teacher (BPS-12) with a minimum qualification of Intermediate with a one-year diploma. The respondent, holding higher degrees (B.Sc. and M.Sc. in computer science), topped the merit list but was denied appointment on the grounds of being over-qualified. The Supreme Court dismissed the petition, characterizing the government's litigation as frivolous. The Court held that disqualifying a candidate for possessing higher qualifications than those prescribed is irrational and detrimental to the educational interests of students. The Court affirmed the High Court's decision, ordered the implementation of the respondent's appointment, and imposed costs of two hundred thousand rupees on the petitioners to be paid to the respondent. The Court further cautioned that failure to comply would result in contempt proceedings against the Secretary, Elementary & Secondary Education, and directed provincial authorities to curb unnecessary litigation that wastes public resources.
- Can a government department disqualify a candidate for a position solely on the ground that they are over-qualified?
- Does the Supreme Court have the authority to impose costs on a government department for initiating frivolous litigation?
- Can the Secretary of a government department be held liable for contempt for failing to implement a court-ordered appointment?
ORDER
Qazi Faez Isa, CJ. This is yet another prime example of frivolous litigation being initiated by a provincial government. The petitioners had advertised in the year 2018 for the selection of two computer teachers in basic pay scale of 12 and had prescribed the minimum qualification as Intermediate with one year diploma in computer sciences. The respondent No.1 held a B.Sc. and M.Sc. degree in computer science and came on the top of the merit list but still was not appointed for the reason that he was over-qualified. It appears that those in charge of educating the children of the province were bereft of common sense by disqualifying a person who was more qualified and thus better placed to impart computer science education and favoured one less qualified. Not only the respondent No.1 was made to suffer but the children, who would have benefited from his knowledge, were condemned.
2. There is no reason to interfere with the impugned judgment. Leave to appeal is declined and this petition is dismissed with costs incurred by the respondent No.1, that is two hundred thousand rupees to be paid to the respondent No.1 on or before 31 December 2023. Needless to state the judgment regarding appointment of respondent No.1 will also be implemented by or before such date, and if it is not complied with, the Secretary, Elementary & Secondary Education, Government of Khyber Pakhtunkhwa may be proceeded against for contempt of Court. A copy of this order be sent to the petitioners and the respondents, to the Advocate General, Chief Secretary and Secretary Law of Khyber Pakhtunkhwa who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers.
Cited by 3 cases
- Muhammad Sherin and others vs Ziarat Khan and others 2024 PHC 326, 2025 CLC 664
- MUHAMMAD SHERIN Versus ZIARAT KHAN 2025 CLC 664
- Muqadar Khan and 01 other vs Ayub Khan and others 2024 PHC 418