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2006 PLC (C.S.) 1145

QAISER ABBAS vs EXECUTIVE DISTRICT OFFICER (C.D.), BHAKAKR and 6 others

Citation2006 PLC (C.S.) 1145
CourtLahore High Court
Case No.Writ Petition No,11031 of 2005
Date2005-10-14
Judge(s)Umar Ata Bandial
ResultPetition allowed

ORDER

' UMAR ATA BANDIAL, J---Learned counsel for the petitioner has referred to the order dated 15-10- 2003 passed by this Court in Writ Petition No,14350 of 2003 whereby the respondents were directed to decide the representation of the petitioner for appointment as SSW. On 13-12-2003 the respondent No,1 Selection Committee decided that the petitioner lacked the necessary qualification of possessing CCW certificate. This decision was challenged by the petitioner in Writ Petition 803 of 2004 in which the aforesaid decision of the Selection Committee dated 13-12-2003 was set aside and the matter was remanded to the respondents for appointment of the petitioner on the ground that he had a vested right. Finally the respondents passed the impugned order on 5-5-2005 wherein they stated that the petitioner has neither the requisite qualification and that the respondents do not have the power to condone the lack thereof.

2. In the meanwhile, the petitioner had acquired the requisite qualification on 17-2-2005 which was brought to the notice of the respondents by the petitioner through his application dated 26-3- 2005. Again no order has been passed on that application whereas the impugned order dated 5- 5-2005 has been passed without considering that application or the petitioner's requisite qualification for the post.

3. Learned A.A.-G. Submits that the respondents have no power to condone the lack of the petitioner's qualification, hence he was not appointed in the past. That the petitioner has acquired his new qualification in the year 2005 and he will be appointed when fresh posts are advertised.

The foregoing explanation is not satisfactory and would amount of defying the orders of this Court on technicalities. The respondents are directed to do the needful within 4 weeks in accordance with law including the judgments of this Court mentioned above and to report the action taken to the D.R.(J) of this Court. Petition is allowed.

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