2019 PLP (C (PLC(CS))

MALIK HAQ NAWAZ, J.

The petitioners Mariam Begum and Bilqees have filed the instant writ petition seeking indulgence of this Court against the respondents and pray that a direction be issued to the respondents for confirmation of their services with all back

2. The brief facts leading to the controversy in hand are that Health Department announced various posts in different districts of Gilgit-Baltistan and 09 posts of Nursing Assistants were announced for District Astore. The petitioners applied for the said posts. The petitioners also appeared in written test and qualify the same.

3. The respondents appointed the petitioners as Nursing Assistant and they were appointed vide office order No. 1727/DHQ / ESH/2015/2377 dated 23-12-2016 and the petitioners joined their duties but later on the respondents refused to confirm their services, which per stance of the petitioner is against the fundamental rights of the petitioners and misuse of authority by the respondents. The respondents are neither confirming their services nor releasing their salaries, which is their inherent right.

4. The learnt Assistant Advocate General when confronted submitted that both the petitioners are holding diplomas in "Midwife" and they are not qualified as Nursing Assistant. The petitioners were directed by the respondents to submit their diplomas of "Nursing Assistant" which they failed and it was the reason that their services were not confirmed as they were lacking the basic and requisite qualification.

5. The petitioners were appointment on 23-12-2016 vide office Order No.1727/DHQ/ESH/2015/2377 and it is mentioned in the above appointed letter that their appointment will be subjected to their medical fitness and verification of diplomas/Course Certificate. The joining reports of the petitioners show that they joined their services as Nursing Assistant. The diplomas of the petitioners which have been made part of record shows that they got diplomas in "Midwifery" and no diploma of "Nursing Assistant" has been placed on record in support of their stance. The final result sheet issued by the Health Department dated 23-12-2016 shows that the name of petitioner No. 1 is appearing at serial No. 49, while the name of petitioner No. 2 is appearing at serial No. 61 and both of the petitioners have been recommended for Nursing Assistant (BPS-04) against women quota. The learned counsel for the petitioners failed to convince us that "Midwifery" diploma is equal to the diploma of Nursing Assistant. Dr. Israr Ahmed, Director Health assisted the Court and submitted that there is complete variation of subject taught in 1 year course of Nursing Assistant and midwifery training is only limited up to the "delivery" cases and does not include the treatment of the patients. The diploma of midwifery cannot be equated with diploma of Nursing Assistant.

6. Since the petitioners are not in possession of the relevant qualification, therefore they cannot claim to be appointed against the seats of Nursing Assistant.

7. There is no substance in the writ petition as the petitioners are lacking the requisite qualification. Writ petition is dismissed accordingly. ZC/34/GB Petition dismissed.