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Petitioner: RANA HABIB-UR-REHMAN KHAN ADVOCATE VS Respondent: GOVERNMENT OF THE PUNJAB
2001 P L C (C
2001 P L C (C.S.) 450
[Lahore High Court]
Before Malik Muhammad Qayyum, J
Rana HABIB-UR-REHMAN KHAN ADVOCATE
versus
GOVERNMENT OF THE PUNJAB through Chief Secretary, Civil Secretariat, Lahore and 4 others
Writ Petition No.9482 of 2000, heard on 24th January, 2001.
Punjab Civil Servants, Act (VIII of 19744)----
----S. 4---Constitution- of Pakistan (1973), - Art. 199---Constitutional petition--- Appointment- --Writ of quo warranto---Respondents who neither possessed the requisite qualification nor-experience, were asked to look after the affairs as additional charge of Medical Superintendent and Additional. Medical Superintendent -in a hospital and remained working as such for the last about more than one year and six months--- Respondents who were not qualified for post to which they were appointed, High Court directed the Authorities to appoint duly qualified persons, on said permanent posts within specified period.
Petitioner in person. Ch. Muhammad Ashraf, Asstt. A.-G. for Respondents Nos. l and 2. Shaukat Umar Pirzada for Respondent Noa.3. Shoaib Saeed for Respondents Nos.4 and 5.
Date of hearing: 24th January; 2001.
JUDGMENT
This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the appointment of respondents Nos.4 and 5 as Medical Superintendent and Additional Medical Superintendent of Sir Ganga Ram Hospital, Lahore.
2. The petition is in the nature of quo warranto and according to the learned counsel for the petitioner the respondents lack the qualification laid down for appointment of a person as a Medical Superintendent or Additional Medical Superintendent which is that they should be holder diploma in public health and 5 years' experience.
3. Learned Assistant Advocate-General as also learned counsel for the respondents have not denied this fact but they have stated that the arrangement made by the Government is temporary in nature inasmuch as respondents Nos.4 and 5 have not been appointed against the vacant posts but have been asked to look after the affairs as additional charge. These orders were statedly passed as far back as 31-7-1999. Learned counsel for the respondents has pointed out that the Government of Punjab has stated in its reply that the summary has already been moved for appointment of Grade-20 Officers including respondent No.5 but the orders are still awaited.
4. Learned counsel for the respondents have also seriously challenged the bona fides of the petitioner in filing this writ petition which according to them has arisen out of vendetta between a relative of the petitioner and respondents Nos.4 and 5. I am not impressed by this objection of the respondents. Admittedly the petitioner is an Advocate of this Court and cannot be said to have personal interest in the matters relating to Sir Ganga Ram Hospital or the Health Department. It has not been shown that the petitioner was at any time locked in litigation with respondents Nos.4 and 5. That being so the objection as to the maintainability of this petition which is in the nature of quo warranto is repelled.
5. So far as merits of the case are concerned it is not disputed by the learned Assistant Advocate-General and the learned counsel for the respondents that according to the Punjab Health Department (General, Specialists and Miscellaneous Posts) Service Rules, 1981, the respondents are not qualified to hold their posts as they have neither obtained Diploma in Public Health nor they possess the requisite experience.
6. The respondents' learned counsel has, however, urged that the Rules referred to above stand repealed on the promulgation of Punjab Medical and General Institutions Act, 1998. However, a reference to the aforesaid Act would show that there is no repeal of Punjab Health (General, Specialists and Miscellaneous Posts) Service Rules, 1981. Furthermore, according to section 19 of the West Pakistan General Clauses Act all Rules, Notifications and Orders passed under the existing law would survive its repeal and would be considered as having been made under the later law.
7. Having heard the case at some length I must express my dismay over the attitude of the Government of Punjab in this matter.
8. Both the posts of Medical Superintendent and Additional Medical Superintendent are important posts in the field of Health and it behoves the Government to appoint only qualified persons against those posts. For the last about more than. one year and six months the respondents have been allowed to work as Medical Superintendent and Additional Medical Superintendent, although they did not possess the requisite qualification. This conduct has to be deprecated.
In view of above this petition is allowed. Respondents Nos.4 and 5 are declared as being not qualified to hold the post of Medical Superintendent and Additional Medical Superintendent of Sir Ganga Ram Hospital and the Government of Punjab is directed to appoint duly qualified persons on permanent posts within one month from today. No order as to costs.
H.B.T./H-27/L Petition allowed.