AMSHID ALI Versus GOVERNMENT OF KPK through Secretary Education
MOHAMMAD IBRAHIM KHAN, J.--- By our commutual findings, we propose to dispose of this writ petition as well as W.P No.2338-P/2016 titled Ijaz-ul-Haq v. Government of KPK and others, as identical questions of law and similar controversy is around involved in these petitions.
2. In this petition Amshid Ali is aggrieved from the respondents whereby they have refused to appoint him on one of the vacant post of CT (BPS-15). He possesses all the required qualifications and having fulfilled the requirements mentioned for the post, he then downloaded the form from the Internet. He also appeared for clearance of the NTS examination, who stood on the top by securing 125.29 marks as successful candidate but despite the fact he has been ignored and respondents Nos.6 to 26 have been appointed. Stating grounds from (A to M) in his writ petition, he prayed accordingly:
"It is, therefore, requested that on acceptance of this writ petition, the order of respondents Nos.1 to 5 may kindly be declared as null and void and ineffective upon the rights of petitioners being based on favoritism under political pressure and may kindly be cancelled and the respondents Nos.1 to 5 may kindly be directed to issue appointment letter to petitioner being on top of the merit list".
3. In another Writ Petition No.2338-P/2016 titled Ijaz-ul-Haq v. Government of KPK and others, there are 06 petitioners who have joined together for favour when they had applied for the post of PST (BPS-12).They have qualified the written test as per registration form which has already been downloaded from the Internet. They have qualified the written test with high marks but appointment letters have been issued by respondents Nos.1 to 5 to all those successful candidates. They have been terribly ignored, now seeking the constitutional jurisdiction of this Court for an appropriate remedy with the following prayer:-
"It is, therefore, humbly prayed that on acceptance of this writ petition, the order of respondents Nos.1 to 5 may kindly be declared as null and void and ineffective upon the rights of petitioners being based on favoritism under political pressure and may kindly be cancelled and the respondents Nos.1 to 5 may kindly be directed to issue appointment letter to petitioners having better score then the respondents Nos.6 to 212".
4. Comments from the respondents in each petition were called for, which were accordingly submitted. The respondents did not deny the merit of the petitioner/petitioners in each petition but when scrutiny of the documents of each petitioner was conducted, it was found that petitioner Amshid Ali in W.P No.2264-P/2016 his permanent address in CNIC is;
While in W.P No.2338-P/2016 all the petitioners were dropped by DSC due to dual address of Orakzai Agency except one of the petitioner Muhammad Idress who was discarded because of his permanent address Shanawari Hangu another U.C. Kotki who has applied for the post falling under U.C. Kach.
5. In both these petitions, the petitioners with the consent of the Court submitted their rejoinder and on the ground mentioned therein they have referred to their qualification and passing of NTS test but mainly posed that they are the permanent residents of Hangu possessing Domicile Certificates.
6. Having heard learned counsel for petitioners and learned AAG for the State, record with their assistance gone through.
7. It is by the Advertisement from the office of District Education Officer (Male) Elementary and Secondary Education District Hangu that the posts have been advertised with the criteria setting general condition; that every candidate to appear and qualify the required test. It is mandatory that the candidate shall possess his Domicile and the declaration of the National Identity Card of to be the resident of District Hangu otherwise such an application by any candidate shall not at all be considered. There is another condition that these posts are mainly created for U.C. pertaining to posts which have been advertised and anyone who has not the permanent residency of such U.C. shall also be debarred, provided if an appropriate candidate is not available for the post advertised for the respective U.C., then an option has been made available that from the suitable candidate adjoining U.C. the post may be filled.
8. The petitioners are possessing the required qualification. They have cleared all the tests and interviews and this fact has not been denied but none of the petitioners has come up to convince the Court that each belong to District Hangu as the National Identity Cards have been issued to all the petitioners being permanent residents of Orakzai Agency.
9. Yes, there is only one petitioner Muhammad Idrees in W.P No.2338-P/2016 who belong to District Hangu but it is his hard luck that he hails from Village Shanwari which is under U.C. Kotki whereas he has applied for the post falling under U.C. Kach. Since all the rest respondents have been selected who belong to U.C. Kach and no post is left off the pace to be available for a candidate who has come up to the criteria from adjoining U.C. Therefore in all probabilities none of the petitioners have been considered for the posts advertised which have been filled.
10. The controversy leading to the permanent addresses of the petitioners which pertain to the Orakzai Agency but Domicile have been obtained from the villages of District Hangu will fall to be of factual nature which cannot be resolved by way of presentation for obtaining any relief through writ petition. If any authoritative verdict is required for ready reference, may be referred to 2006 SCMR 276 (Col. Shah Sadiq v. Muhammad Ashiq), 2006 SCMR 1957 (Muhammad Salim Bhatti v. Safdar Ali Rizvi and 2 others.
11. Both the writ petitions stand dismissed.
ZC/130/P Petition dismissed.