ZAFAR IQBAL and another vs DIRECTOR, SECONDARY EDUCATION, MULTAN

1. MUHAMMAD NAWAZ ABBASI, J.--- This appeal by leave of the Court has been directed against the judgment, dated 25-11-1998 passed by a Division Bench of Lahore High Court, Multan Bench, in an I.C.A. Arising out of a constitution petition. The appellants, EST (Tech.) of the Education Department, Government of Punjab, while serving in the Multan Region, filed a writ petition seeking direction to the Director, Secondary Education, Multan Division for their promotion as SST (Technical) on the basis of their entitlement under the Punjab Education Department (School Education) Rules, 1987.

2. The writ petition was dismissed by a learned Single Judge in Chamber vide judgment, dated 24-9- 1997 and further a Division Bench of the High Court in I.C.A. Maintained the judgment rendered in the writ petition with the observation that after the amendment in the Punjab Education Department (School Education) Recruitment Rules, 1987 vide Notification dated 30-7-1992 the appellants were not eligible for promotion as SST (Tech.) and notwithstanding their eligibility prior to the amendment in the rules, the promotion being not a vested right, they could not claim it as of right. Leave was granted in this appeal vide order, dated 6-12-2001 in the following terms:-- "Leave to appeal is sought against judgment, dated 25-11-1998 passed by a Division Bench of the Lahore High Court, Multan Bench, Multan dismissing I.C.A. No,227 of 1998 with the result that the judgment, dated 30-9-1998 by a learned Judge in Chambers dismissing Writ Petition No,7462 of 1997 on 25-11-1998 was upheld.

(2) Learned counsel for the petitioners, inter alia, contended that it was way back in the year 1988 that the appropriate quarters were required to submit service books of both the petitioners accompanied by other relevant papers so that the then Director Secondary Education Multan could be asked to consider their cases for appointment as SST (Technical). The matter was not resolved and during the interregnum Notification dated 30-7-1992 was issued prescribed qualification for appointment of SST (Technical) as Matric with Diploma in Industrial Arts Education from Government Technical Teachers Training College, Faisalabad with two years teaching experience from a Government Institution after requiring the Diploma or equivalent qualification.

3. The precise contention is that the case of the petitioners was initiated in the year 1988 and the then qualifications were duly met. The increase in the education qualifications through Notification, dated 30-7-1992 did not stop at requiring two years teaching experience from a Government Institution but required that either Diploma or equivalent qualifications would also be relevant for persons similarly placed as the petitioner.

(3) After hearing the learned counsel for the petitioners and the learned Additional Advocate- General Punjab we are inclined to grant leave to consider whether the case of the petitioners has received due consideration at the level of the High Court both before the leaned Judge in Chambers and the I.C.A. Bench by keeping in view the requirements which were current in the year 1988 as also in the year 1992. Order accordingly."

2. The grievance of the appellants, who were employed in the Education Department, Government of Punjab as Elementary School Teachers (EST Technical BPS-15) was that before the amendment in the rules, they were possessing required qualification and experience for promotion as SST (Technical BPS-16) but the process of their promotion was knowingly delayed and subsequent to the amendment in the rules in 1992, they were not considered on the pretext of being not qualified for promotion as SST (Technical). The claim of the appellants was that they while holding Diploma of Associate Engineers (Elect.) from Polytechnic Institute, Sahiwal duly recognized by Punjab Board of Technical Education, Lahore, were entitled to the promotion prior to the amendment in rules and in any case they having equivalent qualification to that of Diploma in Industrial Art Education from Government Technical Teachers Training School, Faisalabad, would be qualified for promotion as SST (BPS-16) even under the amended rules. The notification dated 30-7-1992 by virtue of which the rules in question were amended is reproduced hereunder:-- "Government of the Punjab Services, General Administration and Information department NOTIFICATION The 30th July, 1992 No,S.O.R.1114-13/85.--- In exercise of the powers conferred on him by section 23 of the Punjab Civil Servants Act, 1974 (VIII of 1974), the Governor of the Punjab is pleased to direct that in the Punjab Education Department (School Education)

4. Recruitment Rules, 1987, the following further amendments shall be made, namely:-- AMENDMENT

(1) In the schedule after the existing entries at Serial No,10 the following new entries shall be inserted:-- Name of the postAppointing AuthorityQualification for appointment by initial recruitment or by transferPromotion Method of recruitmentAge limit for initial recruitment Min Max 3 4 5 6 7 8 9 II SST (Tech)

5. BS-16Director of Education (Schools) concerned(i) B. Tech. Pass or equivalent qualification OR By initial recruitment provided that 50% posts shall be filled from19 35 amongst in service teachers possessing the qualification prescribed for initial recruitment in column 5. M.Ed. (Tech.)

6. Industrial Arts) service OR M.A.

7. (Tech. Edu.)

8. (Industrial Arts) OR Note: Only those candidates will be eligible for recruitment who are bona fide residents of the District where vacancies exist

12. Arabic Teacher (Males) BS-9DEO (M) concerned.(ii) Matric with Diploma in Industrial Arts. Edu.

9. From Government Technical Teachers Training College, F.Abad with 2 years teaching exp. From a Government Institution after acquiring the Diploma OR equivalent qualification. By initial recruitment provided that 50% posts shall be filled from amongst in service teachers possessing qualifications prescribed for initial recruitment in column 5.18 35 F.A with Arabic as an elective subject with Arabic Teachers Training course from Allama Iqbal Open University/Agri University OR Honour in Arabic plus teachers Training Course from Allama Iqbal University/Agri University OR Honour in Arabic from recognized Board and O.T. -do- 13.Arabic Teachers (Female)BS- 9DEO (F) concerned -do- 18 35 II. The rules mentioned below shall stand amended to the extent they are inconsistent with thee rules:--

(i) The West Pakistan Education Department subordinate Regional Service (Teaching and Administrative Branch) (Women's Section Rules, 1965).

10. The question of equivalence of the qualification of appellants for the purpose of promotion under the amended rules was neither raised at any stage nor was considered by the appropriate forum and consequently, the question of equivalence cannot be taken for the first time before this Court for ascertaining the right of appellants for promotion to higher grade. The Government is always empowered to change the promotion policy and the domain of the Government to prescribe the qualification for a particular post through amendment in the relevant rules, is not challengeable.

11. This is also a settled law that notwithstanding fulfillment of the requirement qualification and other conditions contained in the rules, the promotion cannot be claimed as a vested right.

12. The contention of the learned counsel that appellants would be deemed to be qualified for promotion as SS Teachers (Tech.) on the basis of their teaching experience in the relevant subjects has no substance. The appellants were never considered for promotion on the basis of their teaching experience or eligibility as claimed by them at any stage prior to the amendment in the rules in question and further the teaching experience could not be treated as an equivalent qualification under the amended rules because the experience in a particular field cannot be considered as substitute for the basic qualification prescribed under the rules to hold a post. The teaching experience in the relevant field without the basic qualification, would not be sufficient to declare the appellants eligible to hold the post of SS Teaches under the rules and in view thereof, we may observe that without fulfillment of the requirement of the qualification prescribed under the rules for the post of SST (Technical), the appellants could not claim promotion on the basis of their experience as of right.

13. The upshot of above discussion is that unless the qualification of Diploma of Associate Engineers (Electrical) held by the appellants is declared equivalent qualification for promotion as SS Teachers (Tech.), the appellants cannot merely on the basis of their experience in the relevant subjects, claim promotion and consequently this appeal is dismissed. There will be no order as to costs.