2011 PLC (C (PLP)

CH. MUHAMMAD TARIQ, J.

Learned counsel for the petitioners contends that Education Department published an advertisement in daily newspaper for recruitment of various posts in the Education Department on contract basis for District Toba Tek Singh including S.E.S.E (Arabic). The petitioners applied for the post of Senior Elementary School Educators. The qualification for the above post was B.A. or equal (Arabic as elective subject) with further professional qualification of Arabic Teaching Training Course (ATTC) from Allama Iqbal Open University Islamabad or Agricultural University Faisalabad or equal qualification prescribed by the Board or University.

2. The respondent No.1 through letter dated 14-4-2009 declared that the candidates having qualification of Shahadat-ul-Almia-Fil-Aloom ul-Islamia-Wal-Arabia awarded by Tanzeem-ul-Madaras may be allowed to apply for the same post considering this SANAD equal to M.A. (Arabic)/Islamic Studies.

3. That after scrutiny of certificates and documents, the petitioners were appointed as S.E.S.E. at various schools of District Toba Tek Singh on contract basis but after three months of joining the petitioners, respondent No.3 issued show-cause notice and on 3-2-2010 withdrew the appointment orders already issued by respondent No.3 alleging that the petitioners passed their examination of Shahadat-ul-Almia-Fil Aloom-ul-Islamia-Wal-Arabia in less than two years which order is not sustainable in the eye of law, therefore, termination orders issued by respondent No.3 be declared unlawful, ineffective on the rights of the petitioners and petitioners be allowed to perform their duties against the previous posts.

4. On the other hand, learned Assistant Advocate-General, Punjab has opposed this writ petition and has prayed that the writ petition be dismissed in the light of parawise comments submitted by respondents.

5. Arguments heard. Record perused.

6. Perusal of record reveals that petitioners were appointed as Senior Elementary School Educators but their services were terminated on the ground that the examination, they passed is not in accordance with the qualification of University Grants Commission, Islamabad. According to the parawise comments, duration of two years between two examinations is essential while the petitioners have passed the examination of Matric to M.A. within four years.

7. The contention of District Education Officer Elementary, Toba Tek Singh is funny. The petitioners were allowed to appear in the examination by the concerned Board/University and when they qualified the required degrees, the Education Department has raised objection that two years gap between two examinations is essential, if it was so, then why the petitioners were allowed to appear in the examination. The educational certificates of the petitioners were verified before appointment which were proved genuine. The impugned order is also a violation of para 16 of agreement dated 31-10-2009, The petitioners are facing mental agony that the Education Department instead of appreciating that they have qualified in a short period, are creating hurdles in their future and prosperity. The petitioners could not be penalized for the ignorance and inefficiency of Education Department. Resultantly instant writ petition is allowed, the order of termination of services of petitioners is set aside and respondents No.4 to 5 are directed to continue the petitioners on their previous posts. M.U.Y./T-35/L Petition allowed.