2006 PLP 415 (SCMR)

FAQIR MUHAMMAD KHOKHAR, J.

The petitioner seeks leave to appeal from the judgment, dated 19-11-2001, passed by a learned Division Bench of the Lahore High Court, Lahore, in Intra-Court Appeal No.935 of 1999.

2. The petitioner, respondent No.3 and others were the candidates for the post of Assistant Director Homeo, of the Health Department, Government of the Punjab along with others. Applications were invited through advertisement in the press whereby the following eligibility criteria was laid down:-- The Punjab Service Commission recommended the name of respondent No.3 who was appointed by the Government, by order, dated 11-11-1999. The petitioner filed Writ Petition No.15244 of 1995 there against, which was dismissed by the Lahore High Court, Lahore, by judgment, dated 18-10-1999. He preferred Intra-Court Appeal No.935 of 1999, which was dismissed by a learned Division Bench of the Lahore High Court by the impugned judgment, dated 19-11-2001. Hence this petition for leave to appeal.

3. The learned counsel for the petitioner argued that the respondent Nn.3 was registered as Homeopathic Doctor on 11-6-1987 under the provisions of Unani Aurvedic and Homeopathic System of Medicines Act (No.II of 1965). Therefore, he could not be said to have acquired eight years professional experience as Homeopathic Doctor and the Punjab Health Department (General Specialities and Miscellaneous Posts) Service Rules, 1981 (as amended).

4. On the other hand, Mr. Muhammad Yaqub Sidhu, Senior Advocate Supreme Court appearing for respondent No.3 stated that the petitioner had gained experience of Lecturer/Medical Officer in the Multan Homeopathic College and Hospital from 10-1-1986 to 29-8-1990 and also as Homeo Doctor of Tehsil Headquarters Hospital, Burewala from 28-8-1990 to 21-1-1995. Therefore, his experience was more than eight years and three months on the date of 'advertisement in the press.

5. We have heard the learned counsel for the parties at some length and have also gone through the available record. The Unani Aurvedic Homeopathy System of Medicines Rules were originally promulgated in 1965, which were substituted by the Rules of 1980. Rule 4 of 1980 Rules recognized the pre-registration experience in Homeopathy for the purposes of registration as Homeo Doctor. Therefore, the Punjab Public Service Commission as well as the High Court. were quite correct in taking the pre-registration experience into consideration. In the case of Federal Public Service Commission, Islamabad v. Sufian Aslam 1993 SCMR 2275 even the pre-qualification experience was taken into consideration for the purposes of eligibility to a post. Needless to observe that in the case of Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad and another PLD 1995 SC 701 it was held that the provisions of the Pakistan Engineering Council Act, 1999, regulated the recognition of qualification of the professional engineers but ,not the other terms and conditions of service in the Government or Semi-Government Department. The fact that the respondent No.3 was registered as Homeo Doctor latter would not be sufficient to exclude his experience as Homeo Doctor with the Punjab Government. In our view, the impugned judgment of the High Court is plainly correct to which nod exception can be taken.

6. For the foregoing reasons, we do not find any 'merit in this petition which is dismissed and leave to appeal is refused accordingly. M.H./G-4/SC?????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.