1. MALIK HAQ NAWAZ, J.--- The petitioner Mst. Sumera daughter of Muhammad Akram filed the instant writ petition before this Court, with the following prayer:- a.The name of respondent No.6 placed at Serial No. 2 of recommended list of female candidates of union council Sakwar, Minawar be declared as unlawful being inducted on the bases of an unlawful provisional certificate issued by Assistant Commissioner Gilgit and directions may be passed for induction of present petitioner in the same list in place of respondent No.6. b.It is further prayed that till final adjudication of this petition, respondents Nos.l to 5 kindly be restrained from issuing appointment order in favour of respondent No.6 in the larger interest of justice.
2. The main cause giving rise to the instant petition is that Government of Gilgit-Baltistan, office of the Secretary Education invited applications from suitable male/female candidates of respective Tehsil/Union Council/Hard Areas of Gilgit-Baltistan for recruitment against the positions of Elementary School Teachers (BPS-14) with the following terms and conditions:- Terms and Conditions 1.Age limit: 18 to 28 (relaxation in upper age limit will be given according to the rules/policy of G-B Government).
2. 2.Qualification: F.A/F.Sc or equivalent with CT/ADE/DIE or equivalent.
3. 3.Candidates are required to apply for the posts in their respective Tehsil/Union Council/Hard Areas only.
4. 4.Government employees should apply through proper channel.
5. 5.Incomplete application forms will not be entertained.
6. 6.Number of posts may increase or decrease.
7. 7.Candidates of respective Hard Area should produce permanent domicile of the area and a certificate duly certified by the concerned Lumberdar of the village and certified by the concerned Assistant Commissioner on stamp paper.
8. 8.Professional certificates of only authorized institutions will be accepted.
9. 9.Original documents must have been produces at the time of interview. Do not attached copies of Education Certificates/Degrees with application form
3. The petitioner applied and qualified the NTS test and interview and scored 48 Marks and became eligible to be placed at Serial No.8 of the recommended candidates of UC Sakwar/Minawar on the basis of merit list among the total 76 candidates of the same Union Council, but the respondent No. 6, who as per the averments made in the writ petition, was permanent resident of Lalli Mohalla Amphary Gilgit and she submitted her credentials showing herself the resident of Lalli Mohlla Amphary Gilgit but after announcement of NTS results on 20-05-2016, when she could not find a place on merit in the appointed area, she got a CNIC number from NADRA on 13-06-2016 and on the same date she got a provisional Domicile Certificate from Tehsil Head Quarter Gilgit vide office order No. Mis3(3) 2795/2015 dated 13 June, 2016 showing herself to be the resident of Minawar, Tehsil Gilgit.
10. 4.The learned counsel for the petitioner submitted that by such an apparent manipulation the petitioner has been deprived of her right of appointment, which is an encroachment and an attempt to get appoint in UC Minawar/Sakwar and the respondents Nos.1 to 4 have wrongly and unlawfully placed name of the respondent in the list of recommended candidates of UC Minawar/Sakwar without considering the crystal fact that her name was initially appearing in the list of candidates of Town Area Lalli Mohalla Gilgit and her address was shown of Amphary Gilgit.
11. 5.On the other hand the learned Legal Advisor for respondents Nos.1 to 4 and learned counsel for respondent No. 6 supported the stance of respondents and stated that the name of the respondent No.6 has rightly been placed in UC of Minawar/Sakwar, on the basis of her CNIC and Permanent Residential Certificate, issued by the authorities after the announcement of NTS result.
12. The learned Legal Advisor of Education Department and the learned counsel for respondent No.6 vehemently contended that there was no embargo for any candidate to appear in NTS test from any area and the candidates were required to produce all their documents at the time of final interview.
13. 6.We have heard the learned counsel for both the parties at a considerable length and have minutely gone through the documents annexed with the instant writ petition.
14. 7.As per the lists of eligible candidates available from pages 11 to 48 of paper book and not denied by the respondents, the name of respondent No. 6 is appearing at serial No. 34 (page 18) of the list and her address has been shown "Lali Mohalla Amphari Gilgit." It is also admitted that the result of NTS was announced on 20-05-2016 and till then the respondent No. 6 remained mum and only awakened when she realized that she could not find any place on merit in Town Area of Gilgit. We wonder that how she managed CNIC/Domicile on one and the same day i.e. 13-06-2016, which we feel are after thought and managed one. Even for a moment if we presume that all these documents are bona fide and genuine, a question arises as to why the respondent No.6 remained mum from 31-03-2016 to 13-06-2016, when all the above procurement of documents was the task of only one day, as done on 13-06-2016.
15. 8.In genuine case, the Chief Court cannot fold up its hands sealing the fate of an aggrieved person leaving him at the mercy of the people sitting at the helm of the affairs. In this case as stated supra petitioner had got a precious right of appointment in her initially identified area. We direct that extra care and cautions should be taken while dealing with such like cases as every erroneous decision is not only adversely effect the reputation of the concerned department but also give rise to multiple litigations in Courts of law.
16. 9.In view of our above detailed discussion, we allow this writ petition of the petitioner and direct the respondents Nos.1 to 4 to appoint her in UC Minawar/Sakwar as she has got vested right to be appointed in BPS-14 as prayed. However we restrain to pass any adverse order against respondent No.6 and leave her fate to be decided by respondents Nos.1 to 4 strictly on merit and in accordance with law.
11. The instant writ petition as well as civil Misc. No.20/2017 are disposed of in the above terms.