GUL SANOBAR Versus PROVINCIAL GOVERNMENT through Chief Secretary
MUHAMMAD ALAM, J.--- This is a Writ Petition seeking the following remedy:---
"7. In the light of the above mentioned facts it is therefore humbly prayed that to meet the ends of justice this honorable court may kindly accept the writ petition with the following directions to the respondents that:---
(a) The appointments of respondents Nos.5 to 15 may be declared null and void.
(b) The respondents Nos.1 to 4 may be directed to appoint the petitioners against the vacant posts of EST BPS-14 in Gahkuch Union District Ghizer according to the merit list with effect from November 2011.
(c) Any other remedy which this Honorable Court deems proper may be granted to meet the ends of justice."
2. In the light of advertisement dated 16-07-2011 in Daily K-2, petitioners, respondents Nos.5 to 15 and some other candidates appeared in the test and interview for their appointment against the suit posts in the department of Education Gilgit-Baltistan. Some of the petitioners secured better positions as compared to some of the respondents in the said test and interview. Instead of passing orders of appointment in strict adherence to the said merit list, respondents Nos.1 to 4 passed orders of appointment of respondents Nos.5 to 15 in violation of the principle of transparency.
3. We have heard learned counsel for parties and have gone through the material available on file.
4. We have noted that petitioners have fallen in serial Nos.20, 41, 214 and 35 respectively in the meritless list prepared after the subject test and interview. We have also noted that respondent No.5 was placed in serial No.36 (behind petitioner No.1 and petitioner No.4), respondent No.6 was placed in serial No.48 (behind petitioners Nos.1, 2 and 4), respondent No.7 was placed in serial No.96 (behind petitioners Nos.1, 2 and 4) while respondents Nos.8 to 11 either did not appear in the subject test but were shown in the merit list prepared after interview or were failed in the said interview also but were malafidely shown among the candidates who passed the test or interview in the subject test. Respondent No.12 was placed in serial No.627 (behind all the petitioners), respondent No.13 was placed in serial No.117 (behind petitioners Nos.1, 2 and 4), respondent No.14 was placed in serial No.316 (behind all the petitioners) and respondent No.15 was placed in serial No.776 (behind all the petitioners). The said merit list clearly shows that respondents Nos.12, 14 and 15 have not qualified in the said test as they have obtained below the passing marks, i.e. below 33 marks.
5. The above description clearly shows that petitioners Nos.1 and 4 secured better positions as compared to respondents Nos.5 to 15 while petitioners No.2 has secured better position as compared to respondents Nos.6 to 15 and petitioner No.3 has secured better position as compared to respondents Nos.8 to 12, 14 and 15. Thus, the merit position of the petitioners is better in the above described position therefore, are placed ahead of the above described respondents in the merit list of said test and interview. Therefore, petitioners deserved to be appointed in preference to respondents in the above described positions. Respondents Nos.5, 6, 7 and 13 were rightly appointed but they should not be placed senior to petitioners Nos.1 and 4. During arguments, learned counsel for parties admitted at bar that a case of corruption in connection with suit appointments have been referred to the Ehtisab Bureau Gilgit-Baltistan.
6. In the sequel of above circumstances, we are of the view that the respondents Nos.1 to 4 have violated the merit, therefore, suit orders of the appointments of respondents merited to be set aside except appointments of respondents Nos.5, 6, 7 and 13. We, therefore, allow this petition and direct for orders of appointments of petitioners from the date of appointments of respondents Nos.5, 6, 7 and 13 placing them in seniority in accordance with the merit list and the positions described in the above para. Rest of the respondents, who have failed in the test and interview and those who were not appeared in the test and not coming in the seniority list, be terminated from suit service with effect from their date of appointment. Petition is allowed. This file be consigned to record.
SL/53/GB Petition allowed.