Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 297

[Peshawar High Court]

Before Salim Khan and Muhammad Raza Khan, JJ

SANAULLAH

Versus

GOVERNMENT OF N.-W.F.P. through Secretary of Education (School and Literacy) Peshawar and 111 others

Writ Petitions Nos. 31, 74, 83, 100, 111, 112, 137, 145, 157, 164, 167, 169, 188, 193, 207, 212, 217 and 333 of 2005 and Writ Petition No.199 of 2004 decided on 16th December, 2005.

Constitution of Pakistan (1973)---

----Art. 199---Constitutional petition---Civil service---Appointment---Prescribed rule and policy for recruitment to the post of P.T.C. teacher was 25% on open merits basis at District level and 75% on Union Council merit basis and 2% of posts were to be reserved for disabled quota---Thus in each set of 50 vacancies, one vacancy was reserved for disabled persons at District level and remaining posts were to be distributed in cycles of four vacancies, each with the first seat for open merits at District level, the next three seats for Union Council merit---Roster of vacancies was to be prepared and each one of vacancies was to be of 50 numbers, out of which one seat was to be reserved for disabled candidates at District level---Remaining 49 vacancies were to be distributed amongst the eligible candidates who had applied and had the right to appointment to the posts either on merit basis or on Union Council basis---Officials, after preparing the merit list in the light of overall result of all contesting candidates, would consider the case of candidates who had applied for the post and had appeared in written test and interview and would adjust the candidates with the higher merits in their respective Union Councils---Services of those persons, who could not be found entitled to hold a post either on District level merit basis or on merit basis in their respective Union Council, would stand terminated with immediate effect---Officials were directed to issue orders of termination of their services, if not already issued.

Saleemullah Khan Ranazai for Petitioner.

Muhammad Daud Khan on behalf of DAG along with Abdur Rahim Khan EDO for Respondent.

Date of hearing: 16th December, 2005.

JUDGMENT

SALIM KHAN, J.---The broad facts and general legal issues of the following writ petitions are common and, therefore, these petitions are taken together for arguments and decision:--

(1) Writ Petition No.199 of 2004 (Salma Mumtaz v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(2) Writ Petition No.74 of 2005 (Abdur Rehman v. Government of N.-W.F.P. through Secretary of Education (School and Literary) and others)

(3) Writ Petition No.83 of 2005 (Rabnawaz v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(4) Writ Petition No.100 of 2005 (Rehmat Ullah v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(5) Writ Petition No.111 of 2005 (Muhammad Ali v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(6) Writ Petition No.112 of 2005 (Muhammad Arif v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(7) Writ Petition No.137 of 2005 (Shams-uz-Zaman Khan v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(8) Writ Petition No.145 of 2005 (Rehmat Ullah and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(9) Writ Petition No.157 of 2005 (Fazal Ellahi v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(10) Writ Petition No.164 of 2005 (Muhammad Tariq and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(11) Writ Petition No.167 of 2005 (Muhammad Ashraf and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(12) Writ Petition No.169 of 2005 (Kifayat Ullah v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(13) Writ Petition No.188 of 2005 (Jamil ur Rehman v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(14) Writ Petition No.193 of 2005 (Fateh Ullah and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(15) Writ Petition No.207 of 2005 (Hafiz Muhammad Aslam and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(16) Writ Petition No.212 of 2005 (Allah Nawaz and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(17) Writ Petition No.217 of 2005 (Muhammad Hanif v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

(18) Writ Petition No.333 of 2005 (Inayat Ullah and others v. Government of N.-W.F.P. through Secretary of Education (School and Literacy) and others)

2. The prescribed rule and policy for recruitment to the post of PTC teachers is 25% on open merit basis at District level and 75% on Union Council merit basis 2% of the posts are to be reserved for disabled quota. It means that in each set of 50 vacancies, one vacancy is to be reserved for disabled persons at District level and the remaining posts are to be distributed in cycles of 4 vacancies each with the first seat for the open merit at District level, the next three seats for Union , Council merit. 3. We heard the arguments of the learned 'counsel for the petitioners and Muhammad Daud Khan, Advocate, learned counsel for the official respondents and perused the available records as well as the record of the office of Executive District Officer (Education), D.I. Khan with the assistance of the learned Advocates as well as Mr. Abdur Rehim Khan, EDO (Education), D.I. Khan and Muhammad Younis Khan, ADO (Education), D.I. Khan.

4. The record showed that 90 seats were originally available at the time of advertisement dated 21-1-2004, out of which, 61 candidates were appointed on 15-10-2004, 11 candidates were adjusted from amongst the surplus staff and 6 candidates were appointed on the basis of Court orders. Sixty candidates were later-on appointed, but on coming to know about the defects in their appointments, their services were terminated, and, they are no more the employees as PTC teachers. The cases of the female two petitioners were also considered as against the filled vacancies on female side. It was confirmed by the representatives of the official respondents that no transfer of PTC teachers (male or female) was made on or after 21-1-2004 and the vacancies of the respective Union Councils were not filled by transfer.

5. As a result of the arguments and perusal of the record, we have come to the conclusion that a roster of the vacancies was to be prepared and each one set of vacancies was to be of 50 numbers, out 'of which, one seat was to be reserved for the disabled candidates at the District Level. The remaining 49 vacancies were to be distributed amongst the eligible candidates who had applied, and had the right to appointment to the posts either on merit basis or on Union Council basis. A list of candidates appearing on the merit list has been prepared by the respondents and those who have been so declared, having merit at the District level, have been appointed. The post of anyone or more of such appointed persons has to be declared vacant if he has not taken charge of the said post within the prescribed period. The seniority of the candidates on the merit list shall be fixed as No.1 in each cycle of 4.vacancies. The official respondents shall re-consider the cases of all the .applicants, whether they are petitioners, respondents or not parties to the present proceedings, and, after 'separating the seats reserved for District level merit quota, will distribute the remaining vacancies proportionately -in the respective Union Councils where such vacancies had occurred. The official respondents shall, after preparing the merit list in the light of the over all result of all the contesting candidates, consider the cases of the candidates who had applied for the post and had appeared in the written test and interview, and adjust the candidates with the higher merits in c their respective Union Councils. The services of those persons, who may not be found entitled to hold a post either on District level merit basis or on merit basis in their respective Union Councils, will stand terminated with immediate effect and the official respondents are directed to issue the orders of termination of their services with effect from today, if not C already issued.

H.B.T./2/P?????????????????????????????????????????????????????????????????????????????????????????? Order accordingly.

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