This constitutional petition was filed by Rao Muhammad Aftab against the Province of Punjab and others, challenging the rejection of his application for the post of Elementary School Educator (Science-Math) BS-9. The petitioner claimed that his Diploma of Associate Engineer in Electronic Technology was declared equivalent to F.Sc. (Pre-Engineering) by the Inter Board Committee of Chairmen, and thus he met the criteria. The core legal question was whether an equivalent diploma could substitute for the specific F.Sc. qualification prescribed in the recruitment advertisement. The Lahore High Court dismissed the petition in limine, holding that the advertised criteria explicitly required F.Sc. with specific science subjects, which the petitioner lacked. The Court laid down the key principle that where an appointing authority prescribes specific educational qualifications in an advertisement without stipulating 'or equivalent' qualifications, candidates holding equivalent diplomas cannot claim eligibility if their coursework does not match the detailed, required curriculum.
' MUHAMMAD FARRUKH IRFAN KHAN, J.--- Grievance of the petitioner is that the respondents rejected his application for the post of Elementary School Educator (Science-Math) B5-9 on the grounds that his diploma of Associate Engineer is not equivalent to F.Sc.
2. Learned counsel for the petitioner submits that the petitioner fulfills the requisite criteria for the post of Elementary School Educator (Science-Math) BS-9 and after fulfilling all the formalities and prescribed criteria stood at Sr.No,16 of the first merit list; that the petitioner appeared in the interview but thereafter respondents Nos.3 and 4 illegally and with mala fide intention dropped the name of the petitioner on the flimsy ground that his diploma of Associate Engineer is not equivalent to F.Sc. This according to the learned counsel is without logic as the Inter Board Committee of Chairman Government of Pakistan, Islamabad has declared the Diploma of Associate Engineer equivalent to the F.Sc. (Pre-Engineering); that the diploma obtained by the petitioner fully covers the subjects as mentioned in the advertisement for qualification for the post of ESE (Science-Math); that the act of the respondents for rejection of his application is illegal and unwarranted.
3. Arguments heard. Record perused.
4. The petitioner applied for, the post of Elementary School Educator (Science-Math) B5-9. Before proceeding further the criteria) laid down in the advertisement for the said post is reproduced as follows:--- ' B.Sc. (2nd Div.) with at lease three subjects out of Chemistry, Zoology, Botany, Physics, Math A and Math B or B.A/BSc. BS (Hons.) (2nd Division) and F.Sc. with Physics, Chemistry, Biology, Math OR BS.Ed (2nd Division) in Science subjects as mentioned above ."
' Admittedly, the petitioner has not passed F.Sc. examination with the subjects as laid down in the advertisement rather obtained a diploma of Associate Engineering in Electronic Technology. The posts advertised by the respondents are specifically meant for the purpose of imparting education in the faculties of Science and Mathematics to the students of Elementary classes and the respondent/department has laid down the criteria of the candidates to have studied Physics, Chemistry, Biology or Mathematics upto F.Sc. level, thus requiring knowledge of the said subjects in accordance with the syllabi prescribed upto the Intermediate level. Perusal of the result intimation cards for the first, second and third year of the diploma of the petitioner shows that the petitioner has primarily carried out studies inter alia in Electrical Essentials and Networks, Electrical Drawing/General Engineering Computer Applications, Electronics Devices and Circuits, Motors and Generators, Measuring Instruments, Pulse Digital Circuits, Communication System-I, II, Amplifiers and Radio Receiver, Industrial Management and Human B Relations, TV Circuits and Systems, Industrial Electronics, Antenna and Transmission Lines, Microwave and Radar, Microprocessor and Microcomputer, Equipment Servicing and Project, therefore, the study of the petitioner in the subjects of Physics, Chemistry, Biology/Math as, far as their theoretical aspect is concerned is not as detailed and extensive as is required to be carried out by a student who passed F.Sc. examination with these subjects. The students to be taught are of elementary level, therefore, their teacher is required to have an in-depth knowledge of the basic principles and ability to make the students understand the same which the Appointing Authority does not consider to be satisfied by persons who have not studied subjects of Physics, Chemistry, Biology/Mathematics for the whole two years. Had the intention of the respondents/department been to also appoint candidates having qualification equivalent to F.Sc. (Physics, Chemistry, Biology/ Mathematics) it would have stipulated this in the advertisement seeking applications. Non-mentioning of this fact in the advertisement means that they only require candidates having qualification as laid down in the advertisement.
5. As the petitioner does not fulfill the criteria as laid down in the advertisement as such apparently there appears to be no illegality or irregularity on the part of the respondents while rejecting his application for the post of ESE (Science-Math). Resultantly, this petition has no force and the same stands dismissed in limine.