FAHEEM ULLAH Versus SECRETARY EDUCATION, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR
IJAZ ANWAR, J.--- This writ petition is filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:-
"It is, therefore, humbly prayed that on acceptance of the instant writ petition, an order may kindly be issued by directing the respondents:- i. To appoint the petitioner on the post of Director Academics; ii. Declare the appointment of private respondent is illegal, unlawful, void ab-initio, and liable to be set-aside. iii. Any other relief not specifically prayed for to which the petitioner is entitled in the facts and circumstances of the case, may also be awarded".
2. In essence, pursuant to the advertisement issued by the respondents, petitioner applied for the post of Deputy Director (Academics) (BPS-18) and secured 52 marks out of 100 marks in the written test. When he was not called for interview, he approached the respondents by submitting application for the provision of merit list but in vain. Upon obtaining the merit list through his own sources, it was revealed that he and one Amir Ali Khan had no deficiencies in the remarks column, whereas respondent No.6 was marked as "underage, incomplete Master's degree, and Experience less than required" and despite that, he was appointed against the post in question, disregarding merit and eligibility criteria. Hence, this writ petition.
3. Comments were called from the respondents, who submitted the same, wherein, they opposed the issuance of desired writ asked for by the petitioner.
4. Learned counsel, representing the petitioner, has questioned the appointment of respondent No. 6 on the ground that he was under age, besides, not eligible in accordance with the advertisement for the post of Deputy Director (Academics) (BPS-18).
5. As against this, learned counsel representing the respondents stated that the appointment of respondent No.6 was on account of oversight and that immediately when it was noticed, he was terminated on the directions of the Board of Governors.
6. Arguments heard and record perused.
7. Perusal of the record reveals that respondents have, through an advertisement, advertised different posts including the post of Deputy Director (Academics) (BPS-18) with the following prescribed qualification.
(i) At least Second Class M.A/M.Sc Degree in Social Sciences/ Management Sciences/Applied Sciences or equivalent from a recognized University/Institution with at least eight years' experience in teaching and academics; or
(ii) At least Second Class Bachelor's Degree in any of the subjects mentioned at Clause (i) from a recognized University/ Institute with at least ten (10) years' experience teaching and academics; and
(iii) Shall be proficient in using MS office.
The age limit is mentioned as 32 to 35 years in the advertisement. The cut off date in the advertisement was given as 26.05.2022 while the date of birth of respondent No.6 is 11.02.1993 and as such, his age, on the cut of date, was 29 years, 03 months and 15 days. Similarly, he was also lacking the requisite experience on the last date of application for appointment. Unfortunately, earlier when the case of respondent No.6 was processed, recommendation for appointment was made through a Selection Committee and thereafter, it was placed before the Board of Governors, Khyber Pakhtunkhwa Educational Testing and Evaluation Agency (ETEA) consisting of Minister for Education, Chairperson BISE, Kohat, Director HEART, Vice Chancellor, University of Engineering, Peshawar, Dean/Principal NMC, Secretary, Higher Education Department, Secretary Health and ED, ETEA. We wonder that when such is the transparency level in ETEA, what would they be doing with the onerous duty of selection for appointment entrusted to them by the Provincial Government Departments. It is also pertinent to mention here that two merit lists have been placed on file, one by the petitioner and the other by the respondents. The one, placed on file by the petitioner, appears to be more authentic, because, specific objections were recorded against each and every candidate including respondent No.6 that "he is underage, incomplete Master degree, experience less than required" and despite that, he was allowed appointment.
8. Since respondent No.6 has already been terminated or term of his contract has been expired, as such, at this stage, no writ can be issued regarding his illegal appointment; however, the role of the Selection Committee as well as the Appointing Authority is apparent as they have connived in the appointment of respondent No.6.
9. It is high time for the Government to make appointments on merit so that competent persons hold important posts in the Government but unfortunately, under the nose of such high ranking officers/persons in the Board of Governors, ETEA, such illegal appointments are made. We, therefore, direct the Board of Governors, ETEA to scrutinize the appointments made pursuant to the same advertisement and after doing the needful, to fix the responsibility on the persons involved in such illegal appointments. The necessary inquiry shall be positively completed within a period of three (03) months and a report, to this effect, be submitted to the worthy Registrar of this Court for the perusal of the Hon'ble Judges in their Chambers.
10. This writ petition is dismissed and disposed of with the above observations.
SA/46/P Petition dismissed.