2011 PLP (C (PLC(CS))

CH. MUHAMMAD TARIQ, J.

This order will dispose of Writ Petition No.23022 of 2010 and Writ Petition No.23019 of 2010 as common question of law and fact is involved in these writ petitions.

2. Learned counsel for the petitioners inter aria contends that during the year 2000, the Punjab Public Service Commission, Lahore by exercising powers conferred on it by subsection (2) of section. 10 of the Punjab Public Service Commission Ordinance, 1978 made and issued the Punjab Public Service Commission Regulations, 2000 vide Notification dated 8-4-2000 hereinafter to be referred as the Regulations for regulating the selection process and other allied matters/issues and activities. On receipt of requisitions from the respondent No.2 along with Service Rules dated 17-4-1989 regarding recruitment to 314 posts reserved for Senior Headmasters (BS-18) etc. and to 169 posts reserved for Senior Headmistress (BS-18) etc. The respondent No.1 floated an advertisement in the daily Jang, Lahore on 3-5-2009 containing therein the following conditions for the said posts:-- "EDUCATION DEPARTMENT (SCHOOL WING) S.R.No.35. (Case No.1-RD/2009) Recruitment to 314 (Three hundred and fourteen) posts including 6 posts reserved for disabled persons of Senior Headmaster/Deputy District Education Officer (BS-18) (Male) on contract basis for the period of five years on all Punjab basis in the Punjab School Education Department. QUALIFICATION:-- (i) Master Degree not below 2nd Division in Arts or Science from a recognized University or equivalent qualifications; (ii) M.Ed. (at least 2nd Division) from a recognized University or equivalent qualifications and (iii) At least seven years teaching-cum-administrative experience in an institution recognized by the Education Department before or after acquiring the prescribed qualifications. NOTE: Candidates should produce separate experience certificate with date for teaching and administrative jobs duly authenticated by competent authority of School Education Department. PAY BS-18 AGE 35 to 45 YEARS ON 25-5-2009, ELIGIBILITY.-- Only Male candidates domiciled in any District of the Province of Punjab. S.R.No.36.

(Case No.02-RD/2009) Recruitment to 169 (one hundred and sixty-nine) posts including 3-posts reserved for disable persons of Senior Headmistress/Deputy District Education Officer, (BS-18) (Female) on contract basis for the period of five years on all Punjab basis in the Punjab School Education Department. QUALIFICATION (a) Master's Degree not below 2nd Division in Arts or Science from a recognized University or equivalent qualifications and (b) At least Seven years teaching-cum-administrative experience in an institution recognized by the Education Department before or after acquiring the prescribed qualifications. Note:- Candidates should produce separate experience certificate will dates for teaching and administrative jobs duly authenticated by competent authority of School Education Department. PAY BS-18 AGE 35 TO 45 YEARS ON 25-5-2009 ELIGIBILITY.-- Only Female candidates domiciled in any District of the Province of Punjab.

3. Respondent No.1 also provided the detail/terms and conditions for the recruitment of 314 posts including its posts for disabled persons of Senior Headmistress/Deputy District Education Officers (BS-18) Male on contract basis for the period of five years on all Punjab Basis in the Punjab School Education Department.

4. That the petitioners qualified all the conditions who submitted their applications to respondent No.1. In additional to attaching the copies of academic and professional degrees with their applications, the petitioners also attached the certificate of teaching-cum-administrative experience. As per requirement of the advertisement, respondent No.1 issued call letters to the petitioners who appeared for interview before the Committee constituted by respondent No.1 but they were not recommended on the ground that experience certificates were declared invalid by the authorized Committee for the appointment of petitioners against the posts of Senior Headmasters BS-18 despite the fact that the petitioners are eligible in terms of Regulation No.22 of the Regulations, therefore, writ petitions be allowed, impugned letters dated 16-9-2010 regarding experience certificates of the petitioners be declared without any lawful authority, void and be set aside and respondent No.1 be directed to transmit the recommendations made by it in favour of the petitioners to respondent No.2 for their appointment against the posts of BS-18 so that they he promoted.

5. Arguments heard, Record perused.

6. The eligibility of an employee for promotion could not be a subject-matter of writ petition. It is only competent authority to change seniority position assigning to an employee. Respectful reliance is placed on 1996 SCMR 645, 2010 SCMR 501 and 2010 SCMR

450. Even otherwise seniority and promotion is a question of terms and conditions of service which falls within the domain of Service Tribunal and under Article 212(2) of the Constitution of Islamic Republic of Pakistan, the constitutional jurisdiction of this Court cannot be invoked. These writ petitions are without any merit, no interference is called for. Dismissed in limine. H.B.T./M-602/L Petitions dismissed.