BUSHRA BIBI vs DISTRICT EDUCATION OFFICER (FEMALE), DISTRICT SIALKOT
The petitioner sought leave to appeal against a judgment of the Punjab Service Tribunal which dismissed her appeal against the termination of her services. The petitioner had been appointed as an untrained Drawing Teacher without possessing the prescribed qualifications at the time of appointment. The department granted her a grace period of over six years to obtain the necessary qualifications, which she failed to do. Consequently, her services were terminated, after which she claimed to have acquired the requisite qualification in the subsequent year. The petitioner contended that there was no legal requirement stipulating a time limit to obtain the qualification. The Supreme Court held that the department had provided a reasonable opportunity of more than six years to acquire the required qualification, and obtaining it after termination did not vitiate the termination order. Finding that the impugned order was just and fair and raised no substantial question of law of public importance, the Supreme Court refused leave to appeal and dismissed the petition.
- Whether the termination of a civil servant for failing to acquire prescribed qualifications within a reasonable period of over six years is lawful?
- Can a civil servant challenge the termination of their service on the ground of acquiring the requisite qualifications subsequent to the date of termination?
- Whether a petition against the dismissal of an appeal by the Service Tribunal regarding qualification-based termination raises a substantial question of law of public importance under Article 212(3) of the Constitution?
- Article 212(3), Constitution of Islamic Republic of Pakistan
' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment, dated 10- 12-2003, passed by the Punjab Service Tribunal, Lahore in Appeal No,123 of 2003.
2. The petitioner was appointed as untrained Drawing Teacher. Her services were terminated w,e,f, 31-12-2001 on the ground that she had failed to acquire the prescribed qualification. She preferred Service Appeal No,123 of 2003, which was dismissed by the Tribunal through the impugned judgment, dated 10-12-2003.
3. The learned counsel argued that there was no requirement of law to acquire requisite qualification for the post within a certain period. Therefore, no objection could be taken if the petitioner had acquired such qualification subsequently to the termination of her service. The learned counsel placed reliance on the cases of Rehmat Ali Shah v. Secretary, Defence Production, Rawalpindi 1990 SCM R 1500 and Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCM R 1185.
4. We have heard the learned counsel for the petitioner at some length and have also perused the available record. Admittedly the petitioner was not qualified at the time of her appointment.
However, the department had shown grace' to permit the petitioner to acquire the qualification within reasonable time of more than six years. She failed to qualify the prescribed examination and it was only after she was terminated from service that claimed to have acquired such qualification in the year 2002. This petition does not involve any substantial question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan. The impugned order is just and fair to which no exception can be taken.
5. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.