2005 PLP (C (PLC(CS))

Pir Liaqat Ali Shah, A.‑A.G. for Respondents. Date of hearing: 27th October, 2004. MALIK HAMID SAEED, J.‑‑‑Dr. Ahmad Shah Arbab, Dr. Syed Shaida Hussain and Dr. Surat Khan, petitioners, having not been considered for appointment as Medical Officers in the Health Department by the N.‑W.F.P. Public Service Commission in response to the advertised posts due to zonal adjustment and limitation of vacancies; despite their having qualified the test and interview, they have now, through the instant writ petition, have taken exceptions to the Recruitment Policy issued by the Provincial Government vide No.SOR‑I (S&GAD) 1‑117/91 (C) dated 12‑10‑1993, which has been treated as against the fundamental rights of the petitioners guaranteed under the Constitution of Islamic Republic of Pakistan.

2. Brief facts of the case are that the Government of N.‑W.F.P. placed a requisition with the N.‑W.F.P. Public Service Commission for selection‑of about 330 Medical Officers for appointment. In response to the advertisement of the N.‑W.F.P. Public Service Commission the petitioners applied for the posts. They, remained successful in the test anti A interview but could not be recruited due to the Zonal distribution adjustment of the seats as per policy of the Government. According to the Petitioners, 55 seats were allocated to Zone‑V (Hazara Division) but no qualified/eligible candidate from that Zone was available, hence the vacancies of Zone‑V remained vacant and the respondents were required to have given such vacancies to the qualified/eligible candidates of other Zones and by not doing so, they have violated Articles 8, 18 and 25 of the Constitution of Islamic Republic of Pakistan.

3. The respondents in their comments have relied upon the Recruitment Policy issued vide Notification dated 12‑10‑1993, which provides that, "The Regional/Zonal quota if not filled will be carried forward till suitable candidates are available from the Region/Zone concerned. No "Substitute" recruitment shall be made." The respondents have also placed reliance on a judgment of this Court delivered in W.P. No.50 of 1998 decided on 12‑4‑2000 wherein the aforesaid Policy of the Government has been relied upon while deciding the question of non‑appointment of the petitioner in that writ petition.

4. Article 27(1) of the Constitution of Islamic Republic of Pakistan 1973 has guaranteed a fundamental right to the effect that no citizen otherwise qualified for appointment in service of Pakistan would be discriminated against in respect of such appointment on ground only of race, religion, caste, residence or place of birth. The 1st Proviso to Art.27(1) of the Constitution, however, initially had stipulated that for a period of not exceeding 10 years from commencing day, posts could be reserved for persons belonging to any class or area to secure their adequate representation in service of Pakistan. Said period of 10 years was subsequently extended up to 20 years and after expiry of extended period of 20 years same was extended to 40 years which means up to 14‑8‑2013.

5. For the last so many, years appointments in service are being made by the Federal Government and the respective. Provincial Government on Zonal quota basis under the prescribed policy. If viewed the present case in the above given situation, then the impugned Policy that the Regional/Zonal quota if not filled will be carried forward till suitable candidates are available from the Region/Zone concerned seems to be quite in accordance with the provisions of the Constitution of Islamic Republic of Pakistan whereby posts could be reserved for persons belonging to any class or area to secure their adequate representation in service of Pakistan. The petitioners have duly participated in the contest on open merit seats as well as from their respective Zone, but could not stand at a position either to be recruited on open merit seats or seats reserved for the Zone to which they belonged, hence they have been dealt with in accordance with law and the act of the respondents therefore does not amount to violation of Articles 4,8,25 and 27 of the Constitution of the Islamic Republic of Pakistan. If the seats of Zone‑V have not been filled up because of non availability of eligible candidates of that Zone, obviously the said posts would again be advertised and on availability of suitable candidates of Zone‑V, the same would be filled. No exception thus could be taken to the recruitment policy dated 12‑10‑1993.

6. For the aforesaid reasons, the writ petition is hereby dismissed. H.B.T./289/P Petition dismissed.