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Petitioner: SAMI ULLAH VS Respondent: GOVERNMENT OF PUNJAB through Secretary Education, Punjab, LahoreHonorable Justice Ali Akbar QureshiHaji Muhammad Tariq Aziz Khokhar
2015 P L C (C.S.) 1073
[Lahore High Court]
Before Ali Akbar Qureshi, J
SAMI ULLAH and another
versus
GOVERNMENT OF PUNJAB through Secretary Education, Punjab, Lahore and 6 others
W.P.No.2500 of 2015, decided on 5th March, 2015.
Constitution of Pakistan---
----Art. 199---Constitutional petition---Recruitment in service---Requisite qualification in advertisement---Removal from tentative list of candidates---Equivalence of certificate/degree notified by Inter-Board Committee of Chairman---Status---Petitioner being diploma holder in Associate Engineering applied for post of Educators in Education Department and qualified in written examination---Authorities had issued pre-interview tentative list that included name of petitioner but later on his name was dropped on the ground that he did not have requisite qualification of F.A./F.Sc.---Validity---Qualifications mentioned in advertisement were to be considered at time of making appointment but when Inter-Board Committee of Chairmen had notified that Diploma in Associate Engineering was equivalent to F.A./F.Sc. and same had not been challenged, Authorities were bound to abide by the same---Qualification of petitioner was held to be equivalent to requisite qualification mentioned in Advertisement---Action of authorities being illegal was set aside and constitutional petition was allowed.
Khurram Iqbal v. Deputy Director Food, D.G. Khan and another 2013 SCMR 55 ref.
Haji Muhammad Tariq Aziz Khokhar for Petitioners.
Mobasher Latif Gill, Asstt. A.-G. along with Muhammad Elahi, Deputy Controller, Punjab Board of Technical Education, Lahore and Ghulam Shabir, Assistant Legal Cell, Registrar Office, University of Punjab, Lahore.
ORDER
ALI AKBAR QURESHI, J.--- Through this Constitutional petition, the petitioners have prayed, that they in response of an advertisement for the appointment of 1194 Educators in the Education Department including 115 Educators i.e. E.S.E.(School-Math), in District Dera Ghazi Khan, applied for the Post of Elementary School Educators (Scl-Math) having the qualification B.A. Degree and Diploma of Associate Engineering from the Punjab Board of Technical Education, Lahore. The petitioners qualified the examination of National Testing Service (N.T.S.), thereafter, the respondent department issued pre-interview, tentative list for the recruitment of Educators for the year 2015, wherein the names of the petitioners are placed at Serial Nos.24 and 25. As contended by the petitioners, afterwards the names of the petitioners were dropped on the ground, that the requisite qualification for the appointment of the aforesaid Post is F.A./F.Sc., whereas the petitioners are diploma holders of Associate Engineering from the Punjab Board of Technical Education, Lahore.
2. The learned counsel during the course of arguments has referred a certificate dated 9-9-2003, issued by the Punjab Board of Technical Education, Allama Iqbal Town Lahore, wherein it is clearly mentioned, that the diploma of Associate Engineering issued by the Punjab Board of Technical Education, Lahore, is equivalent to the Intermediate Examination (F.Sc.) of the Boards of Intermediate and Secondary Education, functioning with in the territorial jurisdiction of the University.
The aforesaid certificate is reproduced as under:---
Reference the letter N. (EE) 5-33/73 dated 4-10-1976, subject noted that "RECOGNITION OF DIPLOMA OF ASSOCIATE ENGINEER FROM BOARD OF TECHNICAL EDUCATION EQUIVALENT TO INTERMEDIATE EXAMINATION" and reference with the letter No.PBTE/Acd/76-3578-3594, dated 11-8-1976 subject noted that Eligibility of Associate Engineer to appear in BA/B.Sc. Examinations.
Certified that Diploma of Associate Engineer (DAE) of Punjab Board of Technical Education, Lahore, in following Technologies are equivalent to the Intermediate examination (F.Sc.) of the Board's of Intermediate and Secondary Education functioning within the territorial jurisdiction of the University:---
Sr. No.
Name of Technologies
Duration
1.
Civil
Three years
2.
Electrical
Three years
3.
Mechanical
Three years
4.
Electronics
Three years
5.
Computer
Three years
6.
Architecture
Three years
7.
Ref. And Air Conditioning
Three years
8.
Instruments
Three years
9.
Food
Three years
10.
Auto and Farm Machinery
Three years
11.
Auto and Diesel
Three years
12.
Textile Spinning
Three years
13.
Textile Weaving
Three years
14.
Chemical
Three years
15.
Metallurgy and Welding
Three years
16.
Foundry and Pattern Making
Three years
17.
Leather
Three years
18.
Petroleum
Three years
19.
Petro Chemical
Three years
20.
Chemical Processing
Three years
21.
Mine Electrical
Three years
22.
Mine Mechnical
Three years
23.
Construction Machinery
Three years
24.
Printing and Graphics Arts
Three years
25.
Automation
Three years
26.
Computer Information
Three years
27.
Textile Dying and Printing
Three years
3. At this stage, Deputy Controller Punjab Board of Technical Education, Lahore, namely Muhammad Elahi submitted an attested copy of a booklet i.e. Inter Board Committee Chairmen, Book of Equivalence of Educational Qualifications in Pakistan, whereby the Diploma of Associate Engineering has been declared equivalent to the F.A./F.Sc. by the Inter Board Committee of Chairmen, Ministry of Education, Government of Pakistan Islamabad.
The relevant content of the aforesaid booklet is reproduced as under:---
IBCC BOOK OF EQUIVALENCES OF EDUCATIONAL QUALIFICATIONS IN PAKISTAN, published by INTER BOARD COMMITTEE OF CHAIRMEN MINISTRY OF EDUCATION GOVERNMENT OF PAKISTAN, ISLAMABAD 1997:
Sr. No.
Nomenclature
Institution/ Authority
Corresponding Equivalent in Pakistan
1.
.
.
.
2.
.
.
.
3.
.
.
.
..
.
.
.
..
.
.
.
.
.
.
..
.
.
.
30.
Diploma of Associate Engineer
Board of Technical Education Pakistan
HSSC (Pre-Engineering)
At Serial No.30 of the aforesaid book, it has been declared that Diploma of Associate Engineering is equivalent to H.S.S.C. (Pre-Engineering).
4. In response of the aforesaid submissions, the learned Assistant Advocate-General submitted, that the qualification/education mentioned in the advertisement, is to be considered at the time of making the appointment, whereas in this case the petitioners are diploma holders of Associate Engineering, whereas in the advertisement the required qualification is FA/FSC.
5. Reliance is placed upon the judgment titled "Khurram Iqbal v. Deputy Director Food, D.G. Khan and another (2013 SCMR 55).
6. It is not denied, that the qualification mentioned in the advertisement is to be considered at the time of making the appointment. In this case, the respondent department is requiring the candidates having the certificate of F.A/F.Sc., whereas the petitioners are diploma holders of Associate Engineering but at the same time, the Board of Technical Education and The Highest Body namely Inter Board Committee Chairmen, Ministry of Education, Government of Pakistan Islamabad, had declared that the qualification of diploma of Associate Engineer is equivalent to F.A./F.Sc. The respondent department till today has not challenged the validity of the afore-referred notifications, therefore, it can safely be held, that the academic qualifications of the petitioners is equivalent to the F.A./F.Sc., which is the required qualification for the appointment of Elementary , School Educator (Scl-Math), therefore, in these circumstances, the act of the respondents whereby the names of the petitioners were dropped and the respondent department refused to appoint the petitioner as Elementary School Educators (Scl-Math), is illegal.
7. It is noted with great concern, that one department of the Government of Punjab does not honour or care the Notifications or the certificates issued by the other department of the Government of Punjab and unnecessarily drag the poor people particularly who are seeking jobs, into litigation and the poor people had to bear the heavy expenses of litigation. Even otherwise this practice of the different department of the Government of the Punjab have increased the litigation, although this types of the grievance of the people should be redressed at the level of the persons who are at the helm of the affairs despite clear directions given by the Courts from time to time do not bother to attend or follow the instructions, which is highly deplorable.
8. In view of the above, this petition is allowed and the respondent department is directed to initiate the process for the appointment of the petitioners against the post of Elementary School Educators (Scl-Math). The process shall be completed preferably within a period of one month. No order as to cost.
MM/S-43/L Petition accepted.