2008PHC2003 (PLP)

ZIA-UD-DIN KHATTAK, J.

The dispute in this writ petition relates to the mode of appointment to the post of PTC Teachers in the District of N.-W.F.P. Previously, such posts were to be filled up in the ratio of 25% on merit at District level and 75% on merit batch wise/year-wise basis from the candidates who were bona fide residents of the Union Council where the vacancies existed. Subsequently, in the year 2004, the Provincial Government issued new recruitment policy, as incorporated in the Notification dated 23-12-2003 which brought about a change in the method of recruitment. The basic change was that the batch-wise/year-wise criteria was done away with and 25% of the vacancies were to be filled at the District level on merit and 75% at the Union' Council level on merit.

2. Ibrahim Shah and eleven (11) others, petitioners herein feeling aggrieved of the abolition of the batch-wise/year-wise recruitment have impugned the policy of 2004 through this writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan.

3. Mr. Amjad Ali, Advocate, learned counsel for the petitioners contended that the petitioners who possessed the requisite prescribed qualification including the pre-service training had waited for a long time for their turn to be appointed as PTC teachers on batch-wise/year-wise basis, that when their turn for appointment was near the Provincial Government changed the policy of recruitment and abolished the batch wise/year-wise system without notice to them which was not fair and unjust. He next contended that according to rule 12(2) of the N.-W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, initial recruitment to post in Basic Pay Scale 3 to 15 on the district cadre is to be made from the bona fide residents of the district concerned and that since the post of PTC Teachers is a district cadre the same cannot be filled up on the basis of Union Council. Conversely, Mr. Muhammad Saeed Khan A.A.-G. on the strength of authority of the apex Court in the case of Government of N.-W.F.P. v. Dr. Muzaffar Iqbal 1990 SCMR 1321 argued that it was the prerogative of the Government to bring about changes in the method of recruitment and that the issue has been settled by this Court once for all in Writ Petition No.659 of 2004 vide judgment dated 13-10-2004 which was also upheld by the apex Court vide judgment dated 5-6-2006.

4. After hearing the learned counsel for the petitioners, Additional Advocate-General for the respondents-government and on perusal of the record, we find that prior to the impugned modification in the recruitment rules, 25% of the PTC Teachers vacancies in a district were to be filled on open merit at the district level and 75% at the Union Council level batch-wise/year-wise basis. The impugned modification in the rule has brought about any one change, namely, that the Union Council level vacancies are also to be filled up on open merit and has abolished the batch-wise/year-wise criteria. Thus those teachers waiting for appointment on batch-wise/year-wise basis were no longer to be appointed automatically according to that criteria but now have to compete with other candidates on open merit and obviously their chances of selection has been considerably reduced as they have to face tough competition. The grievance of the petitioners is directed against the open competition and insist that they should be dealt with according to the old rules and the impugned modification in the rules be struck down. The question that needs determination is whether the impugned modification in the rules is applicable to the petitioners or otherwise? The issue has been settled by this Court in Writ Petition No.659 of 2004 vide judgment dated 13-10-2004. It has been held that rules applicable and the conditions required to be satisfied on the date of appointment are to be considered. The Court has also recognized the Government's authority to bring about changes in the rules for recruitment to maintain efficiency in the services and held that rules in force at the time of appointment would apply and that no one had a vested right to be regulated by the earlier rules since modified. The open merit competition, instead of batch wise/year-wise recruitment otherwise appears to be better option for the benefit of the students. It merits mention that the petitioners are not excluded for selection but they have to compete with others, regardless of the year of their qualification. We thus hold that the impugned modification in the rules are applicable to the petitioners.

5. As regards rule 12(2) of the N.-W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, the contention is devoid of force. The rule only provides that district cadre posts are to be filed up from the residents of the district, thereby excluding residents of other districts. It does not exclude further division for the purpose of recruitment within the district. As there is no prohibition on recruitment at Union Council level within the district the same is permissible.

6. For what has been discussed above, we do not consider that any legal right of the petitioners has been infringed by the impugned modification in the rules. The writ petition is, therefore, dismissed in limine. H.B.T./62/P Petition dismissed.