2016 PLP (C (PLC(CS))

MUHAMMAD SAJID MEHMOOD SETHI, J.

Brief facts of the case are that in response to advertisement, petitioner applied for the post of Chemical Engineer in Sui Northern Gas Pipelines Limited ("S.N.G.P.L."). He secured 74 marks in NTS examination and was called for interview on 23.07.2015 along with other candidates but name of petitioner did not appear in the list of selected candidates and was not offered appointment. Hence, instant petition, with the following prayer:- "It is therefore, most respectfully prayed that by accepting this Writ Petition the record of the appointments may kindly be called. It is further prayed that the petitioner may kindly be appointed as fulfil the eligibility criteria. It is further prayed that the respondents may kindly be restrained from political appointments till the pendency of this writ petition for interest of justice."

2. Learned counsel for petitioner submits that applicants/candidates having less marks in NTS and other selection criteria have been appointed in preference to petitioner, who was at the top of list prepared after NTS test. He adds that petitioner has been subjected to gross discrimination, which action of respondents is absolutely illegal and without lawful authority.

3. On the other hand, learned counsel for respondents, at the very outset, submits that this writ petition is not :maintainable on the ground that rules of service of employees of S.N.G.P.L. are non-statutory in nature. He submits that S.N.G.P.L. is a public limited company, so, principle of master and servant is applicable. In support of his contentions, he has placed reliance on case laws reported as Riaz Gul and 5 others v. Federation of Pakistan through Secretary, Ministry of Water and Power Government of Pakistan, Islamabad and 36 others (2016 PLC (C.S.) 350), The Managing Director, Sui Southern Gas Co. Ltd. v. Saleem Mustafa Shaikh and others (PLD 2001 Supreme Court 176), Dr. Ahmad Salman Waris, Assistant Professor, Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others (PLD 1997 Supreme Court 382) and judgment dated 14.11.2012 passed by this Court in W.P.No.10402 of 2010.

4. Arguments heard. Record perused.

5. Admittedly, S.N.G.P.L. is a public limited company incorporated under Companies Ordinance, 1984 and listed with Stock Exchanges of Pakistan. It is being run through its Board of Directors constituted under its Memorandum and Articles of Association. It does not come under the definition of "person" mentioned in Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. It has been held by Hon'ble Supreme Court of Pakistan as well as this Court, in various pronouncements, that when rules were neither framed by the government nor same were made with the approval of the government, therefore, it did not have a statutory force behind it. Where rules are not statutory, the appointment is contractual in nature and constitutional petition is not maintainable in view of law laid down in case reported as Qazi Tehmid Ahmad v. Secretary Ministry of Petroleum and 3 others (2015 PLC (C.S.) 449) and order dated 13.03.2013 passed by Hon'ble Supreme Court of Pakistan in C.P.No 104-L of 2013 titled Muhammad Nasim Asif, and others v. SNGPL, and others the operative part of which reads as under:- "It is not disputed that the petitioners had been reinstated in service, the Punjab Labour Court had disposed of the petitioners' grievance petition as having become infructuous vide order dated 19.01.2010 and the petitioners had never filed any appeal before the Punjab Labour Appellate Tribunal against the said order. Instead, the petitioners had chosen to approach the Lahore High Court, Lahore through a Writ Petition which was otherwise not competent without availing of the statutory remedy of appeal available to the petitioners before the Punjab Labour Appellate Tribunal. Apart from that the petitioners' service with the Sui Northern Gas Pipelines Limited was not governed by any statutory rules and, thus, we have not been able to take any legitimate exception to the impugned order passed by the learned Judge-in-Chamber of the Lahore High Court, Lahore whereby the petitioners' Writ Petition had been dismissed as not maintainable. This petition is, therefore, dismissed and leave to appeal is refused."

6. Even otherwise, mere clearance of written examination would not by itself vest or create any fundamental right for enforcement in favour of petitioner, especially when he failed to qualify the interview test. As per report and parawise comments submitted by respondents, 124 candidates including petitioner, were called for interview and 39-candidates in Engineering (Chemical Discipline) and 04 other candidates from waiting list, were selected. It is mentioned therein that petitioner was at serial No.67 in the final merit list, so, he was not appointed. Factual controversies as to whether petitioner cleared the interview, cannot be resolved by this Court while sitting in constitutional jurisdiction. On this score also, this petition has no, merits. Reference can be made to the case of Riaz Gul and 5 others v. Federation of Pakistan through Secretary, Ministry of Water and Power Government of Pakistan, Islamabad and 36 others (2016 PLC (C.S.) 350).

7. Resultantly, this Court is of the firm opinion that instant constitutional petition is not maintainable and same is hereby dismissed. HBT/M-157/L Petition dismissed.