2013 PLP 1601 (YLR)

KHALID MAHMOOD, J.

The petitioner herein filed a suit against the respondents in the Court of Civil Judge-XXVIII Peshawar for declaration and permanent injunction, fully described in the heading of the plaint. Along with the suit an application for temporary injunction was filed after hard contest between the parties was dismissed by the trial Court vide its order dated 17-10-2012. Feeling aggrieved the petitioner filed Appeal, which was also dismissed by the learned ADJ-II Peshawar vide his order dated 16-11-2012. Hence this revision petition against the aforesaid interlocutory orders.

2. The main contention of the learned counsel for the petitioner was that the contesting respondent No.7 is not eligible for the required post as he does not have 5 years experience in the concerned subject, as per requirements of the subject post. Whereas petitioner is already working as Assistant Professor Botany in Botany Department and respondent No.7 is posted as Senior Master in University Public School. Hence he is not eligible for the advertised post. His other grievance is that respondent No.7 has passed his F.Sc., B.Sc. and M.Sc. Examinations in 2nd Division, whereas the petitioner has passed in first Division in all the said Classes.

3. Learned counsel for the respondents rebutted the arguments of the petitioner on the ground that there is no Bar in the selection of the respondent No.7 in the criteria laid down for the impugned post. His arguments were that he qualifies the criteria as laid down in the advertisement.

4. Arguments heard in the light of valuable assistance. My findings are as under:--

5. Learned counsel for the petitioner failed to point out that whether the passing of F.Sc, B.Sc. and M.Sc. Examinations in the 2nd Division is a disqualification for the candidature for the subject post, he was unable to produce any sought of rules in support of his contention. The merit for the required subject as mentioned by the counsel for the petitioner can only be ascertained at the time of evaluation of the merit position of the candidates at the time of final selection. So far experience in the relevant subject in the required Institute is concerned, counsel for the respondents pointed out that respondent No.7 had remained attached as a Lecturer in Biology, University of Wensam College Gomal University D.I.Khan from 5th November, 1980 to November, 1982. Though the respondent is the Senior Master of University Public School, but he has been detailed to the Institute of Education and Research University of Peshawar with effect from 18th December, 2003 till date, hence he qualifies the criteria laid down regarding 5 years experience in the relevant field. Both the candidates i.e. petitioner and respondent No.7 have been selected by the Selection Committee, but their final selection is still in progress, which will attain finality after the syndicate decision. As the selection is still in progress, no detrimental order regarding the selection after evaluating the merits of both the candidates has been passed. The case of the petitioner is still premature. Any findings made by the learned trial Court or any observations made by this Court will have no bearing on the merits of both the candidates. Let the selection of the candidates should be made strictly according to merits.

6. Keeping in view the merit of qualification and experience etc. as laid down by the University itself, so that competent eligible and hardworkers should be selected and no undue favour should be given to any candidate ignoring the merits, so that the students should get a competent teacher for their Education. In the light of the above discussion this revision petition being devoid of force is hereby dismissed with no order as to costs. JJK/114/P Revision dismissed.