SADARAT ALI Versus PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan

MALIK HAQ NAWAZ, J.---- The petitioners in response to an advertisement published in daily Bad-e-Shumal dated 19-07-2016 for different posts in Health Department, which as per averment made in the writ petition, the respondents selected some blue eyed persons and deprived the petitioners from their genuine and valuable right. Per claim of the petitioners the whole process of selection was tainted with malice and some of the candidate, who were shown in the initial list as "overage" were later on appointed due to their political backing. Per learned counsel the merit lists were firstly not displayed, which caused frustration among the contesting candidates and secondly, the respondents extracted 500/- per student on the pretext of re-checking of the papers, but the outcome was same as stated supra. Lastly that whole process of recruitment be declared illegal and unwarranted.

2. On the other hand Assistant Advocate General, the learned legal advisor of Health Department, Dr. lqbal Rasool, Director Health Gilgit Region, Mr. Zafar Waqar Taj, Secretary Health, were present and Dr. Iqbal Rasool produced the record of recruitment and also made certain submissions to rebuilt the claim of the petitioners.

3. The learned Assistant Advocate General and Director Health submitted that when the selection process was completed and queries were raised at various level and certain unfounded allegations were levelled against the respondents. As per record made available 112 candidates applied for re-checking of their written papers and after through checking and scrutiny 34 candidates were accommodated. The remaining 78 candidates including the petitioners failed to gain the merit, therefore, they were not appointed. Per Assistant Advocate General, there is no substance in the writ petition, which may be dismissed accordingly.

4. We heard both the learned counsel for the parties at a considerable length and perused the record annexed with the writ petition and also the record, which has been produced by the respondents. The instant writ petition was filed on 21-12-2016, with the following prayers:-

"It is therefore, prayed that this Hon'ble Court may be pleased to;

(a) That by accepting this writ petition the Hon'ble Court may kindly be pleased to set aside the impugned advertisement and selection process and directly the respondents No.1 to 4 to re-advertisement through NTS or any other impartial institution to meet the ends of justice, law and equity.

(b) Any other better relief if this Hon'ble Court deems proper in the circumstances."

5. We examined whole the record and found that the re-checking process of papers of desirous candidates was carried out by a 5 (five) members redressal committee, which after through scrutiny accommodated 34 deserving candidates and the left over candidates were not adjusted due to low merit. We in the given circumstances cannot hold and that too in summary proceedings like writ petition that the members of redressal committee, who were from various departments were having any malice or ill will against the petitioners. There is no substance in the writ petition, which is dismissed accordingly.

SA/119/GB Petition dismissed.