Appointment

  1. Order on the basis of which appointment order of the appellant was annulled has been written by D.E.O. and not by Divisional Director of School — Order of Divisional Director not placed on record — Held: It cannot be presumed in vacuum that order passed by D.E.O. was passed on direction of Divisional Director of Schools. A. Rashid v. D.E.O. and another 1997 SCR 367 (B)
  2. Selection Board — Test & interview — Name of the respondent nowhere figures in merit list —Neither he appeared nor applied for the post — Written statement — Held: written statement of the respondent totally negates the argument of his counsel — Respondent was not eligible to be appointed in place of appellant. Abdul Rashid v. D.E.O. and another 1997 SCR 367 (C)
  3. Appellant appeared before the Selection Committee in light of advertisement and passed the test and interview — Under law they are entitled to be appointed against the vacant posts for which they contested  — Education Department should have issued their appointment orders in light of merit list. Nasreen Akhtar & 3 others v. Sameena Bilqees & others 2006 SCR 312 (B)
  4. The induction against a post in civil services is a trust bestowed by Almighty Allah and the same shall have to be fulfilled honestly and any dishonest mode or practice amounts to violation of the commands of Allah Almighty. Mudassar Manzoor Qureshi v. Azad Govt. 2013 SCR 150 (B)
  5. ‘Additional charge’ — Connotation — The word ‘appointment’ includes the appointment of additional charge of the post or an office. Prof. Eng. Naib Hussain vice Chancellor v. Engineer Prof. Dr. Muhammad Riaz and others 2013 SCR  529 (C)
  6. The permanent appointment or regularization as permanent against public office or in civil services or statutory bodies can only be made on the basis of selection on merit — For determination of merit, advertisement of vacancy is pre-condition. Maj. (Retd.)Majid H., Director Estate, (MUST), Mirpur and 52 others v. Vice–Chancellor, Mirpur University of Science & Technology (MUST), Mirpur and 49 others 2013 SCR (SC AJ&K)] 1026 (B)
  7. Permanent induction — it is settled law that no permanent induction could be made against the post which fell vacant on temporary basis. Naseem Abbas Shah and another v. Imran Shaffi and 6 others 2014 SCR 1022 (A)
  8. The successful candidates after conducting the test and interview by the Public Service Commission can be appointed only against the posts which were advertised and no one can be appointed against any other post which becomes available thereafter. Naseem Abbas Shah and another v. Imran Shaffi and 6 others 2014 SCR 1022 (B) 200 SCMR 1780, and NLR 1991 SCJ 80 rel.
  9. AJ&K Civil Servants Act, 1976 read with AJ&K Civil Servants (Appointment and Conditions of Service) Rules, 1977 — juxtapose examination reveals that for appointment whether by promotion or otherwise, the basic requirement is the rules for the post in a grade. Kamran Hafeez v. Azad Govt. & 4 others 2014 SCR 676 (B) 
  10. —Naib Qasid—education department— by initial recruitment—no other mode recognized by law—post has to be filled in by initial recruitment. according to the enforced rules, the post of Naib Qasid in the Education Department has to be filled in by initial recruitment and  no one claim promotion or appointment through transfer from any other cadre. Muhammad Matloob v.Iftikhar Ahmed & others 2017 SCR 282 (C)
  11.  —writ—appointment can be made only through prescribed mode—writ filed–for appointment on basis of being first in seniority list of work-charge qulis—appointment in Government Service—to be made only through prescribed mode i.e. law and rules—the post cannot be filed as per departmental policy from the work-charge qulis working in department—post declared as vacant and direction was issued to the authorities to fill in the post after advertising the same and following the due process of law.    Aftab Hussain v. Executive Engineer Highway 2019 SCR 602 (A)
  12. —civil service—requisite qualification—higher qualification–merit—consideration of—selection is made keeping in view the needs and requirement of a post—higher qualified individuals may not have requisite job satisfaction or motivation in holding a post–mere on the ground that qualification of a person is higher than the others the appointment against a post cannot be claimed as a matter of right as for appointment the suitability keeping in view the nature of post should necessarily be considered by the authority. Faisal Hussain & 4 others v. Competent Authority & 13 others 2020 SCR 437 (A)
  13. —Any post can only be filled in on regular basis after due course of law—no one can claim the permanent induction on the basis of any temporary appointment made on contract basis or otherwise. Ghulam Mustafa Kiyani & 6 others Versus Selection Board & 4 others 2021 SCR 232 (C)
  14. — Mode of recruitment— NTS— posts laying vacant— concerned authority may adopt any mode, provided under law, for appointment as it deems appropriate to achieve the betterment and transparency in the institution. Ghulam Mustafa Kiyani & 6 others  Versus Selection Board & 4 others 2021 SCR 232 (D)
  15. —Selection process was conducted against vacant post— after conducting the selection process, post filled in by transfer— respondents failed to furnish plausible reply to the allegation of involvement of political influence and justification for not making appointment of the newly selected candidate against the vacant post– notification to the extent of adjustment of the appellant and private respondent cancelled. Shaheena Naseer Versus Azad Govt. & 5 others 2021 SCR 238 (A&E)
  16. —Departmental rules providing for the procedure of recruitment to the vacant post—-no other procedure can be adopted. Arslan Iqbal & 2 others Versus Muhammad Shabir & 6 others 2021 SCR 403 (A) 2019 SCR 602 rel.
  17. — any appointment, which has been made without following the prescribed procedure of law is illegal and the same cannot be given the legal cover. Qadeer Ahmed Versus
  18. Azad Govt. & 6 others 2021 SCR 682 (A)
  19. —District wise quota—certificate of domicile—married woman—held: in absence of any specific legal provision regarding the domicile of a married woman, the presumption is attached
  20. to the documentary record appended with the application—respondent not abandoned her certificate of domicile after marrying a person having domicile of other district, thus, she cannot be deprived of her legally vested right. Muhammad Sameeb Khan v. AJ&K P.S.C & others 2022 SCR 552 (D)
  21. — conditions for — relaxation — effect of — qualification for any post is very essence & vital to fulfill objective criteria in selections and appointments — relaxation in educational qualification that too for the post of professor in a State university should be regarded as an alien concept falling somewhere out of this Universe — relaxation in educational qualification should be in very exceptional & rarest of rare cases that too under explicitly and objectivity defined rules — educational qualifications & experience are deemed as condition precedent in appointments to civil service — held: when educational qualifications and conditions of experience are relaxed then of course, no criterion is left to recruitment in civil service.  University of AJK & others versus Dr. Sardar Javed Iqbal & others 2023 SCR 858 (A) PLD 1994 (AJ&K) 26, 1998 PLC (C.S) 51 & 2003 SCR 351 rel.
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