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Petitioner: MUHAMMAD DAWOOD KHAN VS Respondent: DISTRICT COORDINATION OFFICER, MIANWALIHonorable Justice Sh. Azmat SaeedSyed Zeshan Temoor Gilani,Ch. Aamir Rehman
2010 P L C (C
2010 P L C (C.S.) 310
[Lahore High Court]
Before Sh. Azmat Saeed, J
MUHAMMAD DAWOOD KHAN
Versus
DISTRICT COORDINATION OFFICER, MIANWALI and 2 others
Writ Petition No.15814 of 2009, decided on 15th January, 2010.
Constitution of Pakistan (1973)---
----Art. 199---Constitutional petition---Civil service---Recruitment policy---Applicability---Status of school---Determination---Petitioner applied for the post of teacher and claimed extra marks on the basis of his experience of teaching in a school---Authorities did not grant him extra marks on the ground that the school where he had been teaching was not a government school---Plea raised by petitioner was that employees of similarly placed institutions have already been held by Supreme Court to be civil servants---Validity---In view of the judgment of Supreme Court, High Court had no option but to hold that the school in question was a school of Federal Government and, therefore, petitioner was entitled to extra marks for experience in terms of recruitment policy applicable-.-Petition was allowed accordingly.
Managing Committee, PAF, Model Inter-College, Sargodha through Charmin and 4 others v. Malik Muhammad Pervaiz Akhtar 1997 ' SCMR 1957 fol.
Syed Zeshan Temoor Gilani for Petitioner.
Ch. Aamir Rehman, Dy. A.-G. for Pakistan with Aman Ullah Khan Niazi, A.E.O. Office of EDO (Edu.), Mianwali for Respondent.
Date of hearing: 23rd December, 2009.
JUDGMENT
SH. AZMAT SAEED, J.---This Constitutional petition is directed against the order dated 12-8-2009 passed by respondent No.2 declining the request of the petitioner for grant of extra marks on the basis of experience.
2. Brief facts necessary for adjudication of the lis at hand are; that the respondents initiated the process for recruitment of teachers in Government schools in the Province of the Punjab. In this behalf a Notification dated 2-11-2008 was issued in terms whereof recruitment was to be effected on District-wise basis. The petitioner who apparently possessed the requisite qualification applied for two posts. It is the case of the petitioner that under the recruitment policy the petitioner was entitled to extra marks for experience which having once been allegedly granted were withdrawn for the purposes of determination on merit inter se the applicants. In the above perspective the petitioner filed an application before respondent No.2 seeking the grant of the said marks which was declined by the said respondent vide order impugned dated 12-8-2009.
3. It is the case of the petitioner that he was employed in BS-16 at Abdul Razzaq Fazaya College, PAF, Mianwali from 11-9-2009 till 27-9-2004 and therefore, entitled to the extra marks on the basis of experience, in terms of the recruitment policy of the Government of the Punjab whereunder the recruitment for the posts for which the petitioner had applied was undertaken. It is common ground between the parties that paragraph 7(c) of the recruitment policy is applicable which caters for grant of extra marks for teaching experience in Federal/Provincial Government Schools. The basis for declining the request of the petitioner is that as per the understanding of the respondent the institution whereat the petitioner claimed to have taught for 5 years is not a school of the Federal or Provincial Government.
4. Pursuant to the order of this Court report and parawise comments have been filed by the respondents reiterating the contentions as stated above. In order to facilitate adjudication of the matter the Deputy Attorney General for Pakistan was also called upon to assist this Court who was reluctant to accept that the institution in question was of the Federal Government and claimed that the same was run by a Committee.
On the other hand, it was the case of the petitioner that employees of similarly placed institutions have been held to be civil servant by .the Honourable Supreme Court of Pakistan in Managing Committee, PAF, Model Inter-College, Sargodha through Chairman and 4 others v. Malik Muhammad Pervaiz Akhtar 1997 SCMR 1957.
5. Heard. Record perused.
6. It is common ground between the parties that the petitioner would be entitled to the extra ;narks for experience if the institution whereat he had admittedly been teaching was the school of the Federal or Provincial Government. The certificate on the record which is annexure `B' with the Constitutional petition describes the institution as follows:
"Abdul Razzaq Fazaya College, PAF, Mianwali".
It is not disputed that the college in question is situated within the PAF Airbase at Mianwali. It is also not disputed that there are various other educational institutions within the confines of other Airbases and installations of PAF including Model Inter-College at Sargodha. At one point of time the services of an employee of the afore-said Model Inter-College at 'Sargodha was terminated who successfully involved the jurisdiction of the Federal Services Tribunal. Aggrieved, an appeal was filed before the Honourable Supreme Court of Pakistan by the Managing Committee of the said Model Inter-College, Sargodha inter alia taking the plea that the terminated, employee was not a civil servant and, therefore, Federal Service Tribunal had no jurisdiction in the matter. The contentions raised were repelled and the appeal was dismissed by the Honourable Supreme Court vide judgment in Managing Committee, PAF, Model Inter-College, Sargodha through Chairman and 4 others (supra) holding that the employees of the said college were in fact a civil servant. Neither the A.A.-G. nor the Deputy Attorney General for Pakistan have been able to show that the status of the Model Inter-College, Sargodha is legally different from the Abdul Razzaq Fazaya College, Mianwali. Both the institutions carry name `Fazaya' or PAF. Both are situated within the confines of the PAF Airbase or installation. Both are run by Managing Committee. In the circumstances, in view of the judgment of the Honourable Supreme Court of Pakistan A this Court has no option but to hold that Abdul Razzaq Fazaya College, PAF, Mianwali is a school of the Federal Government and, therefore, the petitioner is entitled to the extra marks for experience in terms of para 7 of the recruitment policy applicable. Consequently, this writ petition is accepted and the petitioner is held entitled to extra marks for experience in terms of para 7 of the recruitment policy. Petition accepted in the above terms.
M.H./M-69/L Petition allowed.