2016 PLP (C (PLC(CS))

MUHAMMAD ALAM, J.

This is a writ petition seeking the following remedy:

"It is therefore humbly prayed as under:- (1) That the respondents may kindly be directed to include degree in Wildlife Management to be the eligible qualification to the posts of RFOs, SDFOs and DFOs. (2) That the petitioner may be declared eligible to compete the posts of RFOs advertised. (3) That advertisement published by FPSC vide case No.F.4-61/2014-R(2)/2014 may be declared null and void, and respondents may be directed to re-advertise the post after including Wildlife Management Degree as eligible qualification to the impugned post to meet the ends of justice."

2. Respondents have filed two separate parawise comments. Parawise comments filed by respondent No.4 (FPSC) are different from parawise comments submitted by the other respondents. The parawise comments submitted by respondents Nos.1 to 3 is important and the same has been filed through learned Deputy Advocate General on 02-10-2014. Reply to para No.2, wherein, petitioner has claimed to have obtained degree in M.Sc. Wildlife Management, is admitted, therefore, academic qualifications of the petitioner are not disputed. Through replies to paras Nos.3 to 10, respondents Nos.1 to 3 have denied the averments of the petition. The petition is for allowing petitioner for joining the competition for the posts of Range Forest Officer, hereunder referred as RFO in the Forest Department G.B.

3. We have heard learned counsel for parties at length and have gone through the available material on file. Learned counsel for parties debated on the questions that: (1) Whether the academic qualification, that petitioner is holding, is the appropriate qualification for the suit posts? (2) Whether the academic qualification, that petitioner is holding, is recognized as appropriate qualification for suit posts in all provinces of Pakistan? If so, petitioner is also entitled for joining competition of the suit posts. (3) Whether rules, that respondents have framed regarding the recruitment to the suit posts, are correct and final, therefore, are not required to be amended or modified accommodating the academic qualification of petitioner as basic educational qualification for the suit posts? (4) Whether respondents are free to frame any rules, even excluding the academic qualification that petitioner is holding, as a necessary academic qualification for the suit posts? (5) Whether petitioner is entitled to be allowed to join the suit competition for suit posts of RFO?

4. Respondents Nos.1 to 3 have admitted paras Nos.11 and 12 of the petition, therefore, petitioner has cause of action for the petition in hand and petitioner has no remedy except to file this petition. It is evident from the minute perusal of the parawise comments of respondents Nos.1-3 that the academic qualification of petitioner is a qualification regarding the field of the subject posts, but the difficulty that respondents are facing in adding the same in the educational qualification for the suit posts, is the already framed rules of the year 1998. Rules of the recruitment to the suit posts of the year 1998 are in field and no one except the petitioner challenged the same so far. A very important aspect of the case in hand is covered in para No.4 of the petition, wherein, petitioner has specifically averred that other provinces of Pakistan are recognizing M.Sc. Wildlife Management as a basic and required academic qualification for joining the competition for suit posts. In this connection, we deem it very necessary to reproduce the reply of the respondents Nos.1 to 3 to the said para of petition. The said reply goes as under:--

4. That Para No.4 of writ petition is incorrect .. .. .. .. . .. .. .. and in other provinces only wildlife department recognize the degree of M.Sc. wildlife Management subject to the condition that the selected candidates will undergo and successfully complete the training at PFI leading to B.Sc. forest and wildlife degree (KPK Recruitment Rules).

5. In the second half of reply to the above referred para, clearly shows that the respondents Nos.1 to 3 have admitted the plea of petitioner that other provinces of Pakistan have recognized M.Sc. Wildlife Management as a required academic qualification for competing for the suit posts. It is also not disputed that the Forest Department of respondents Nos.1 to 3 have a sub-department of wildlife. The learned Deputy Advocate General as well as the officers of the Forest Department appearing for respondents Nos.1 to 3 frankly admitted the fact that they have a sub-department of Wildlife in the Forest Department. So this very admission is sufficient to hold that the academic qualification that petitioner is holding is not only basic required qualification for contesting the suit posts of RFO but is a relevant and necessary academic qualification also.

6. We, therefore, allow this petition and direct respondents for amending the recruitment rules regarding recruitment to the suit posts, including the M.Sc. or B.Sc. Wildlife Management as required educational qualification for joining the competition for the suit posts of RFO and SDFO as the case may be. Counsel for petitioner admitted at bar that petitioner has joined the written test for the suit posts, therefore, we direct that her joining the said test be treated as correct. Petition allowed. This file be consigned to record. ZC/136/GB Petition allowed.