2006 PLP (C (PLC(CS))

SALIM KHAN, J.

The writ petitions pertaining to the posts of P.E.T. in District D.I. Khan, pending for disposal today, have common facts and legal issues. These petitions are taken up together for arguments, consideration and decision. These are:-- (1) W.P. No.98/04 (Muhammad Ashraf v. Govt. of N.-W.F.P. and others) (2) W.P. No. 228/05 (Adnan Suhail v. Govt. of N.-W.F.P. and others)

2. We heard the arguments and perused the available record as well as the related record of the office of Executive District Officer, Schools and Literacy, D.I. Khan, respondent No.2. An advertisement was published in daily 'Khabrain', Peshawar on 5-11-2003 for the posts of "P.E.T., but the number of posts was not mentioned in the said advertisement, which meant that all the posts available on the date of advertisement, or becoming available till the date of order, were to be utilized and filled. Five posts of P.E.T. were available, out of which four posts were filled and one post remained vacant. Another five posts of P.E.T. became available in the meanwhile, and six candidates were P appointed against the one previously available vacancy and five new vacancies, and thus, ten candidates were appointed against the said posts. ?

3. The learned counsel appearing on behalf of the official respondents and representatives of the respondents admitted that the defects in appointment against the posts had to be removed, but submitted that Muhammad Tayaib and Muhammad Zahid have already been appointed on the basis of the Court orders. The record was checked with their assistance regarding the appointed persons other than Muhammad Tayaib and Muhammad Zahid who were admittedly appointed on the Court orders.

4. As a result of the arguments and perusal of the record, we have come to the conclusion that the official respondents be directed to re-check the cases of all the candidates who had submitted applications within the prescribed period (upto 20-11-2003), excluding the candidates who had submitted applications later than the above mentioned date, appoint two candidates with highest marks amongst all the candidates against the quota reserved for district level merit, and place their names C at serial numbers four and eight of the roster. The official respondents shall, then, first appoint the passed candidates of the oldest year in accordance with priority of their batches in the same year, further with priority according to their merit in the same batch, then go to the batches of the next year and adjust the passed candidates of that year/batches in the same way as above, and continue to adjust the passed candidates of the later year/batches on the same line till the vacancies available stand filled. The official respondents shall, in no way, fill more than ten vacancies, and shall follow the formula in future, after duly advertising the vacancies next becoming available, inviting the applications within the prescribed period and entertaining only those applications which may be filed within such period, and after conducting the screening test. It was the duty of the official respondents to follow the above procedure before calling the candidates for written test and interview and appointing the selected candidates. The candidates appointed under the Court orders shall be retained in service, and the junior most eligible candidates on the list of the passed candidates of the latest year/batch shall have to leave the vacancies for the said two candidates. The writ petitions are disposed of in the above terms. H.B.T./3/P?????????????????????????????????????????????????????????????????????????????? Order accordingly.