Dr. QIAMUDDIN vs GOVERNMENT of N.W.F.P. and 3 others

1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of a Division Bench of the Peshawar High Court dated 4-12-1994 whereby Writ Petition No, 1039 of 1994 filed by the petitioner was dismissed as premature.

2. ' The petitioner who is serving as Assistant Professor of Oral Surgery in Khyber College of Dentistry, Peshawar University Campus, was considered for promotion as Assistant Professor in the same discipline. The petitioner was recommended for promotion by the Secretary, Health Department, Government of N.-W.F.P. To the Provincial Selection Board which also cleared the case of petitioner and accordingly, a summary was sent to the Chief Minister, N.-W.F.P, for promoting the petitioner to the post of Assistant Professor. The summary of the petitioner was, however, returned by the Secretariat of the Chief Minister with the observation that his case should be re-examined by the Health Department and consultation should also be made with Regulation Wing of Services and General Administration Department (S&GAD) and Law Department before re-submitting the summary to the Chief Minister. The allegation of the petitioner is that respondent No, 4 in the meantime approached the Minister for Health, N.-.W.F.P., who held that the petitioner did not possess the required qualification and allegedly recommended respondent No, 4 to be promoted as Assistant Professor. The petition has been dismissed by the learned Judges of the High Court holding it premature as mere recommendation of the Departmental Promotion Committee (D.P.C.) or Minister concerned could not give rise to any cause of action to the petitioner as these recommendations were not binding on the Chief Minister for the purpose of making a final appointment. It is not disputed by the learned counsel for the petitioner that in spite of recommendation of the Secretary, Health Department, N.-W.F.P. And the D.P.C., the Chief Minister has the jurisdiction to refer back the matter again for re-examination. It is, therefore, quite clear that the clearance of the petitioner or respondent No, 4 by the D.P.C. And the recommendation of the Secretary, Health Department, thereon or the recommendation of Minister concerned, were not binding in so far decision is to be taken by the Chief Minister. In these circumstances, the conclusion arrived by the learned Judges of Peshawar High Court that the petition is premature, is not open to any exception. We, accordingly, do not find any ground to interfere with the discretion exercised by the learned Judges of the Peshawar High Court. The petition is dismissed and leave to appeal is refused.