2003 PLP (C (PLC(CS))

4. Previous history of Islamabad Capital Territory as traced and cited by the learned counsel for the petitioners. In that Article 4 of the Presidential Order No. 1 of 1970 and Presidential Order No. 18 of 1980 were referred. On behalf of the petitioner case-law referred by the learned counsel are cases of Syed Sajid Hussain v. Ch. Muhammad Latif and others (1992 SCMR 468), Maulvi Abdul Aziz Khan v. Nawabzada Sarfraz Ali and others (1985 SCMR 98), Federation of Pakistan and another v. Hashim Shah Qureshi (1987 SCMR 156), WAPDA and another v. Muhammad Arshad Qureshi (1986 SCMR 18) and Finance Secretary, Government of Pakistan, Islamabad and 2 others v. Shahid Hussain and others (1992 SCMR 77).

5. Hafiz S.A. Rehman, learned Deputy Attorney-General for Pakistan appeared on behalf of respondents Nos.1, 2, 3, to 5, Qazi Ahmad Naeem Qureshi, Federal counsel represented respondents Nos.4 and Mr. Abdul Ghafoor and Malik Muhammad Hayat Awan, Advocates represented the private respondents.

6. The learned Deputy Attorney-General argued that the vacancies in the Federal Government Model Schools and Colleges have to be filled in on all Pakistan basis in accordance with merit and on the basis of Provincial and Regional quotas as prescribed under rule 14 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. It was argued that these institutions serve the whole of Pakistan and are not meant to serve only Islamabad Capital Territory added that reliance on rule 15 by the petitioner was completely misconceived as this rule was not relevant. According to him the Federal Model Schools and Colleges are attached departments of Government of Pakistan, Ministry of Education. Schedule III entry 22 of Rules of Business, 1973 and Entry No.7 and 8, of Schedule II, Rules of Business was referred to -show that the Education Division of Government of Pakistan is responsible for education in Capital and National Education Institutions in all the country.

7. The learned counsel appearing for other respondents adapted the arguments advanced by the learned Deputy Attorney-General for Pakistan.

8. In the instant case the provisions of rules 14 and 15 of Appointment, Promotion and Transfer Rules, 1997 as produced are relevant and call for interpretation:-- Sec. 14. "Vacancies in the under mentioned posts shall be filled on All Pakistan basis in accordance with the merit and Provincial and Regional quotas prescribed by Government from time to time. (i) All posts in (basic pay scales 16 and above and equivalent): (ii) All Posts in (basic pay scales 3 to 15 and equivalent (in offices, which serve the whole of Pakistan. " See. 15 "Vacancies in posts in (basic pay scales 3 to 15 and equivalent) of offices which serve only a particular Province or region shall be filled by appointment of persons domiciled in the Province of origin concerned"

9. Islamabad Capital Territory was an area carved out from the Province of Punjab to become a Federal Capital. Under Article 211 of the Constitution of 1962 it was envisaged that the Capital of the Republic shall be Islamabad situated in the District Rawalpindi in the Province of West Pakistan. The area of Federal Capital of Islamabad was determined under Capital of Islamic Republic (Determination of Area) Ordinance, 1963 as required by Clause 2 of Article 211 of the Constitution of 1962.

10. Province of West Pakistan was dissolved by the Presidential Order No. 1 of 1970 and in its place four Provinces namely Balochistan, N.-W. F. P. Punjab and Sindh were constituted, besides two Centrally Administered Areas namely Islamabad Capital Territory and Sentrally Administered Tribal Areas were created under Clause II of Article 5 of the Presidential Order No. 1 of 1970. It was provided that the Centrally Administered Areas shall be administered by the President acting to such extent as he thinks fit, through such Officers as he may appoint. In 1971, the President issued Islamabad Capital Territory (Administration) Order, 1970 P.O. 12 of 1970. Providing inter alia that until other provisions is made in this behalf the Government of Punjab shall on behalf of the President, exercise and perform in relation to Islamabad Capital Territory the same powers and functions as were exercisable in relation to that territory by the Government of West Pakistan immediately before first day of July, 1970.

11. Presidential Order No. 17 (Islamabad Capital Territory) (Administration) (Repeal) Order, 1980 was issued on 31st December, 1980 whereby Islamabad Capital Territory (Administration), 1970 (P.O. No. 12 of 1970) was repealed. Simultaneously Presidential Order No.18 of 1980 commonly known as Islamabad Capital Territory (Administration) Order, 1980 was issued and enforced. Under Article 2 of the Order it was provided that the executive authority of the Federation in respect of Islamabad Capital Territory shall be exercised by the President either directly or to such extent as he thinks fit, through an Administrator to be appointed by him. In pursuance of Art.2. Notification No.F-17(2)80-Pub was issued providing that the President pleased to direct that subject to such general or special instructions as may from time to time be given to him by the Federal Government, the Administrator shall have, in respect of Islamabad Capital Territory, all the powers and duties conferred or imposed on Provincial Government under any law for the time being in force in Islamabad Capital Territory. Later the office of Administrator was substituted with the office of Chief Commissioner, Islamabad.

12. It is, thus, evident from the legal and Constitutional history of the establishment of Federal Capital Islamabad, that on repeal of President Order No.12 of 1971 on 31st of December, 1980 through President Order No.17 of 1980 and promulgation of President Order No.18, on 31st December of 1980, disassociation of Islamabad Capital with Province of Punjab was complete.

13. Islamabad Capital Territory is established as an area meant for the Federal Capital and the office of Chief Commissioner of Islamabad Capital Territory was established as the office of Provincial Government. In Islamabad Capital Territory various subjects were assigned to the office of Chief Commissioner, Islamabad Capital Territory. Although most of provincial subjects were given to I.C.T. and the subject of Education was kept with Ministry of Education. Similarly Federal Institutions for Education which also includes Federal Model Schools and Colleges remained under the direct administrative control of the Ministry of Education, Government of Pakistan. The Chief Commissioner Islamabad Territory is not directly concerned with Directorate of Education and these institutions are established, operated and work under the direct control of Ministry of Education, Government of Pakistan. Federal Government establishes institutions in the whole country. Mere location of an institution in one specified Province or in an area is not a sufficient indicator that it is only meant for that area locally. Islamabad is a Federal Capital and people from all the Provinces and centrally administered areas come to reside in the Federal Capital and like Federal Institutions the Institutions of Federal Government Schools and Colleges are meant to serve the whole country. These Schools and Colleges cannot be equated like a primary or middle school of a local village or town: The persons belonging to Provinces and various parts of the country come to live in Islamabad due to exigencies of their Service and these Federal Institutions serve whole of Pakistan. After holding this I do not see any legal impediment to observe that it is rule 14 of the (Appointment, Promotion and Transfer) Rules, 1973 which would be relevant in case of Federal Government Schools and Colleges in Islamabad. Subclause-II of rule 14 provides that posts in offices which serve the whole of Pakistan shall be filled in on All-Pakistan Basis in accordance with merits and the Provincial and Regional quotas prescribed by the Government from time to time.

14. As regards rule 15 of Civil Servants (Appointment, Promotion, Transfer) Rules, 1973 it is observed that the rule would be relevant for the vacancies and posts in scale BPS-1 to 15 in the offices which only serve Islamabad Capital Territory e.g. Local Police of Islamabad, Excise and Taxation of Islamabad and various offices like Registrar, Sub-Registrar, etc. Any department which in established on the basis of Federal strength to serve the whole of Pakistan like Federal Secretariat, Federal Schools and Colleges would not fall within the preview of rule 15 because Federal Government cannot be given a localize complexion by interpreting Rule 15 as it would be contrary to the spirit of the establishment of Capital of Federation, thus, rule 15 cannot be interpreted and construed strictly.

15. From what has been stated above the impugned advertisement was validly issued by respondent functionaries and the Federal Government Schools and Colleges serve the whole of Pakistan, thus, applicable rule is rule 14 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and the posts in this institution have to be filled in on All-Pakistan Basis in accordance with merit and Provincial and Regional Quotas as prescribed by the Government from time to time. The writ petition is, therefore, dismissed. H.B.T./M-2068/L Petition dismissed.