MARIA ZAIB Versus NIGHAT AFZAL
1. MALIK HAQ NAWAZ, J.---- The petitioner Maria Zeb, through the instant writ petition has called in question the process of nomination of the respondents Nos. 1 and 2 and also the placement of respondents Nos. 3 and 4 as a waiting candidates for the posts of EST(BPS-14) in the Union Council Sai Juglote (Female) quota. The petitioner claims that she is a highly qualified and fulfills all the requisite criteria. The petitioner obtained 63/100 marks, while respondent No. 1 got 59/100, respondent No. 2. 54/100, respondent No. 3. 59/100, respondent No. 4. 56/100. The respondents Nos. 5 to 7 after announcement of NTS result framed a self style formula and later on conducted interview of the petitioner as well of the respondents. The respondents Nos. 5 to 7 did not displayed the marks of interview and placed the petitioner at S.No. 3 of the waiting list, which is highly unjust and utter violation of merit. The petitioner has prayed in the writ petition that the self made results of the respondents Nos.5 to 7 be declared illegal, without lawful authority and by accepting the instant writ petition the petitioner be appointed in Union Council Sai Juglote or at any school of Gilgit.
2. This writ petition was admitted for regular hearing on 02.11.2016 and is hanging fire since last about 02 years, as we were of the view that the matter be thrashed thoroughly to do complete justice between the parties.
3. The learned counsel for the petitioner submitted and requested that the respondents do not possess the academic qualification as reflected in the final result and they have been allowed the marks of higher education, without any qualifications. This plea of the learned counsel struck heavily on our mind and we requisitioned all the relevant documents and the certificates/degrees of respondents in Court for our own satisfaction. The respondents were directed to supply copies of the same to the learned counsel for the petitioner, which they provided in Court. The learned counsel was confronted with the merit list of the candidates prepared by respondents Nos. 5 to 7 for the post of EST(BPS-14)(Female) in Union Council Juglote Sai, which reflected the merit position of the candidates as under:-
1. Nighat Afzal daughter of Mohammad Naseem Khan.
2. (i). Marks obtained in NTS. 59
3. (ii). Weightage as per recruitment policy (70%) of marks obtained in NTS 41.4
4. (iii). SSC. 02
5. (iv). HSSC 02
6. (v). B.A. 03
7. (vi). B.Ed. 03
8. (vii). MA/M.Ed. etc 03
9. 13
10. G. Total 54.3
2. Maria Zeb wife of Saleem Ullah.
11. (i). Marks obtained in NTS. 63
12. (ii). Weightage as per recruitment policy (70%) of marks obtained in NTS 44.1
13. (iii). SSC 02
14. (iv). HSSC. 02
15. (v). C.T. 02
16. (vi). B.A. 02
17. 08
18. G. Total 52.1
3. Mehvish Tariq daughter of Mir Tariq Mahmood.
19. (i). Marks obtained in NTS 59
(ii) Weightage as per recruitment policy
20. (70%) of marks attained in NTS 41.3
21. (iii). SSC. 02
22. (iv). HSSC. 01
23. (v). B.A./B.Sc 03
24. 06
25. G. Total 47.3
4. Ambreen Afzal daughter of Mohammad Afzal
26. (i). Marks obtained in NTS. 56
27. (ii). Weightage as per recruitment policy (70%) of marks obtained in NTS 39.2
28. (iii). SSC 01
29. (iv). HSSC. 01
30. (v). B.A./S.Sc. 02
31. (vi). B.Ed. 03
32. (vii). MA/M.Sc./M.Ed etc. 03
33. 10
34. G. Total 49.2
5. Razia daughter of Mohammad Feroz
35. (i). Marks obtained in NTS. 54
36. (ii). Weightage as per recruitment policy (70%) of marks obtained in NTS 37.8
37. (iii). SSC 01
38. (iv). HSSC. 01
39. (v). B.A./S.Sc. 03
40. (vi). B.Ed. 03
41. 08
42. G. Total 45.8
4. The award list issued by Directorate of Education Gilgit region for selection of EST (BPS-14) shows that the petitioner/respondents secured following marks in interview:--
43. Name
44. Average marks of interview
45. Total Marks a
46. Nighat Afzal
47. 4.8
48. 59.1 b
49. Razia
50. 11.8
51. 57.6 c
52. Mehwish Tariq
53. 10
54. 57.3 d
55. Ambreen Afzal
56. 7.8
57. 57 e
58. Maria Zeb
59. 4.8
60. 56.7
5. We at our end also calculated the marks awarded to each candidate. We while deciding a case in writ jurisdiction, cannot go in minutest details of the case. We observed that the respondents deviated from their own recruitment policy, which was thoroughly discussed during the course of arguments and not being discussed to avoid a lengthy judgment. However since the petitioner Maria Zeb obtained 63 marks in written test, which are higher than all the recommended/waiting candidate. The petitioner academic career also shows that she always remained the top position holder throughout her academic career. It will be highly unjust and unfair to deprive such a brilliant candidate for employment in Education Department. We direct Secretary Education to issue appointment order of the petitioner, without disturbing any other candidate. The Secretary Education is a young, honest and enthusiastic person and we hope that he will ensure meritocracy in his department as we are daily being confronted with the case of unfair, non transparent and nepotism based appointments in Education Department. The petitioner Maria Zeb be adjusted as EST (BPS-14) with in a period of 1 month positively.
6. Writ allowed in the above terms. A copy of the judgment/order be sent to Secretary Education for compliance within 01 month under intimation to the Registrar of this Court.
61. ZC/69/GB Petition allowed.