2023 PLP (C (PLC(CS))

SYED ARSHAD ALI, J.

Through the instant Constitutional petition, the petitioner (Irum Ijaz) has prayed this Court, for issuance of the following writ:- "It is, therefore, prayed that on acceptance of this writ petition an appropriate writ direction be issued to the respondents to consider the petitioner for appointment to the post of Food Safety Officer. Any other remedy deemed proper in the circumstances and not specifically asked for may kindly also be granted."

2. The learned counsel appearing on behalf of the petitioner has argued, that pursuant to the advertisement issued by the respondent for filing the post of Food Safety Officers (BPS-16), the petitioner has applied for the said post as she holds the essential degree of M.Sc (Hons), degree in Human Nutrition from the University of Agriculture, Peshawar and thus was eligible for the said post. She passed the written test by securing 63% marks and was also short listed however later, respondent has refused to consider the petitioner for the said post on the ground that she does not hold the essential qualification. The learned counsel has further maintained that the petitioner hold a higher degree from the one which is required for the post and thus the conduct of the respondent by not allowing her to compete for the said post is illegal and is based on discrimination.

3. On the other hand, learned Advocate General, Khyber Pakhtunkhwa has maintained that though the present petitioner has obtained a master degree in Human Nutrition but the same is not the requirement for the post as per rules therefore her candidature cannot be considered.

4. Arguments heard and record of the case was perused.

5. The respondent which is Food Safety and Halal Food Authority established under section 3 of the Khyber Pakhtunkhwa, Food Safety Authority Act, 2014 "Act" invited applications for appointment against 15 categories of posts, the petitioner has applied against the post of Food Safety Officer for which the following criteria has been laid down in the advertisement. 03 Food Safety Officer (BS-16 Merit=12 Zone1=07 Zone2=07 Zone3=07 Zone4=06 Zone5=06 Female Quota=06 Disable-01 Minority=03 Masters/B.Sc. (Hons)/BS in Food Science and Technology/Food Safety and Quality Management / Food Safety and Control / Food Nutirition and Science from HEC recognized University OR Master/B.Sc (Hons)/BS Biological Sciences with one year Post Graduate Diploma in Food Safety and Control from HEC recognized University. Maximum age Limit 35 We have also perused the relevant rules which also envisage the same criteria as provided under the advertisement. It is the case of the present petitioner that she has obtained master degree i.e. M.Sc (Hons) in Human Nutrition from the University of Agriculture, Peshawar which for all practical purposes is a discipline of nutrition science hence she is also eligible for the said post. As per advertisement the requirement for the post is that the candidate must possess B.Sc (Hons). The close perusal of criteria/qualification as per advertisement for the post would show that the candidate must have a Bachelor Degree in Food Safety/Quality Management/Food Safety and Control, Food Nutrition and Science and if any candidate possessed a Master/B.Sc (Hons) or BS in Biological Science, the candidate should have an additional qualification i.e. a Post Graduate Diploma in Food Safety and Control. Admittedly the petitioner does not possess any diploma or degree in Food Safety and Control or Food Nutrition and Science however it is her claim that her degree in Human Nutrition which if not higher in standard from the required one is at least equal to the same, hence her candidature was wrongly refused. We do not tend to agree with the aforesaid submissions of the learned counsel for the petitioner because it is settled law that eligibility/fitness to hold a particular post is the sole domain of the appointing authority and if discretion of the appointing authority is structured through rules/regulations laying down a particular criteria for a particular post being subjectively evaluated by the competent authority keeping in view the skills, education of a particular candidate for a particular post, the constitutional Court has no mandate to interfere in the same unless it appears to the Court that the same criteria is either contrary to law or is based on discrimination. Indeed it is the concerned department which is in better position to lay down criteria for a particular post keeping in view the requirement of the job. The Superior Courts have always refrained from interfering in the said criteria which has been properly laid down by the competent authority. Reliance is placed on "Dr. Shamim Tariq v. International Islamic University, Islamabad through President and others" (2020 SCMR 568), "Asif Hassan and others v. Sabir Hussain and others" (2019 SCMR 1720), "Qamar Aziz and others v. Government of the Punjab through Secretary and others" (2019 PLC 932), "LESCO v. Muhammad Shoaib and others" (2020 PLC 654 and "Saima v. Government of Balochistan through Secretary Education Department Quetta and another" (2014 PLC 579).

6. In view of the above, we find no merit in this petition which is accordingly dismissed. MQ/142/P Petition dismissed.