1998 PLP 1529 (CLC)

Ch. Muhammad Sanaul Haq for Petitioner. Date of hearing: 13th January, 1998 The respondent No.4 advertised various vacancies in Education Institution through newspaper dated 6‑1‑1997. The appellant alongwith many other candidates applied for the post of Elementary English Teacher and appended with it certified copies of certificates of Matriculation, F.A., B.A., and C.T. Examinations. The Recruitment Committee interviewed the petitioner and others for the post on 19‑1‑1997 and also saw the certificates and declared him fit for Elementary English Teacher vide Order No.542‑Admn (M & F) II, III, dated 11‑2‑1997. The petitioner joined the post at Government Primary School, Bupper. After appointment the respondent No. 2 deputed a team for checking the certificates appended with the applications and the said team found all the certificates of the petitioner genuine. In the last week of June, the respondents Nos. l to 3 published a list showing the names of the selectees for the post of Elementary English Teacher where the name of the appellant was not mentioned. He approached respondent No.l and was verbally informed by him that his certificate of teaching was issued by Jam Shoro University of Sindh and that, therefore, he was not eligible for service in Punjab. Consequently the salary of the appellant was also not paid by the respondent. No.5 District Accounts Officer. The petitioner got the verification of the certificate on 11‑3‑1997 from the Jam Shoro University who declared it genuine. He has been performing his duties since 11‑2‑1997 regularly. It was also alleged that neither the removing order is being issued nor the salary is being paid nor the competent authority is acting lawfully and all this has been done at the instance of Minister for Education. The appellant having no efficacious, speedy and adequate remedy available invoked the Constitutional jurisdiction of this Court vide Writ Petition No.5592 of 1997 in which comments were called and was dismissed by the learned Single Bench on 18‑12‑1997 with the following observation: "In view of the comments made by respondents Nos.l and 2 District Education Officer, Lodhran and Chairman, Board of Intermediate and Secondary Education, Multan, it has been mentioned that name of the petitioner was not shown in the approved list issued after scrutiny on 23‑6‑1997 and a direction has been given to the DEO, Lodhran/Authority to initiate formal proceedings under E & D Rules against drop‑Outs after property checking/verification through Office Letter No.2942‑43/CMB, dated 23‑6‑1997. The disciplinary action of whatever the nature, is to be taken up against the petitioner and he is working against the post on being appointed vide order, dated 11‑2‑1997. Obviously, he is entitled to receive the pay. Learned A.A.‑G. Agrees that no disciplinary action as yet has been initiated against the petitioner. The writ petition is not maintainable. Consequently, the petition is dismissed."

2. The appellant seeks the setting aside of the order dated 18‑12‑1997 on the grounds that when the entitlement of the petitioner was admitted even by the learned Law Officer as correct the petition should have been accepted and that the findings of the learned Single Judge regarding the competency of writ petition was also not correct as for the payment of salary of the Government Servant for the period he works this Court is competent.

3. Notice was given to the respondents. Arguments have been heard. The admitted position is that the appellant was fully qualified and eligible for the post advertised and was found successful by the Departmental Interview Committee and was actually allowed to join the post where he performed his duties to the satisfaction of his superiors. The only objection was that the certificate was not in accordance with the policy letter issued by the Government on 16‑1‑1997 that certificates issued by the Institutions of Punjab Government and Allama Iqbal Open University will only be acceptable and as the certificate of the appellant had been issued by the Bureau of Curriculum & Extension Wing Sindh, Jamshoro it was not admissible. The learned counsel for the appellant has produced an order of this Court passed in Writ Petition No.3186 of 1997 titled as Abdul Qayyum v. Government of Punjab etc. (Mark 'A') where also the petition was M.A. in Pakistan Studies and History and has participated in an interview conducted to fill the posts of P.T.O. Teachers in District Vehari. His case was in the merit list and he was at serial No.8 in view of his academic career but he was rejected simply on the ground that the professional qualification was of Jamshoro (Sindh). After considering the contentions and also perusing Writ Petition. No.230 of 1997 and many other writ petitions decided at Bahawalpur Bench my learned brother Tanvir Ahmad Khan, J. held that the departmental functionaries had got no authority under the law to discard professional qualification secured out of the Province of Punjab, and directed the Appellate Committee that there was no justification to disregard professional certificates from outside the Province of Punjab without there being any valid reason. Accordingly, all the professional certificates from any recognized Institution outside Province of Punjab will have to be considered unless their authenticity is doubtful which can be got verified. It is strange that this judgment and many other judgments of this Court were in the knowledge of the respondents as the Chairman, Board of Intermediate and Secondary Education, Multan was a party to those cases also and this Court takes a very serious view of the manners in which the order of the High Court has been by‑passed by the respondents. It seems the learned counsel for the appellant had not produced the order of this Court dated 2‑5‑1997 pahed in Writ Petition No.3186 of 1997 otherwise order of dismissal of the writ petition would not have been passed.

4. For the above reasons the Intra‑Court Appeal merits to be allowed and the same is hereby allowed and the order dated 18‑12‑1997 passed by the learned Single Judge is set aside, and the prayer as made in the writ petition is allowed. The objection of the respondents regarding the C.T. Certificate is held illegal and the exclusion of the name of the appellant from the fresh merit list is held to be without lawful authority. It is also ordered that the salary of the appellant shall be immediately released. The respondents are burdened with special cost of Rs.5,

000. H.B.T./M‑669/L I.‑C.A. accepted