2013 PLP (C (PLC(CS))

ANWAR ZAHEER JAMALI, J.

This civil appeal, with leave of the Court, arises out of the judgment dated 21-1-2009, in Appeal No.1594 of 2008, passed by Punjab Service Tribunal, Lahore ("the Tribunal"), whereby said appeal of the appellant, agitating his grievance regarding his removal from service and seeking further relief of reinstatement in service, was dismissed, precisely on account of the fact that he lacked the basic qualification of matriculation in second division from a recognized board for the post of Food Grains Supervisor (BS-6), against which he was earlier selected and appointed vide appointment letter dated 30-6-2006.

2. Mr. Muhammad Anwar Gumman, learned Advocate Supreme Court for the appellant, after making reference to the leave granting order of this Court dated 22-6-2009, strongly contended that requirement of basic educational qualification for the post of Food Grains Supervisor (BS-6) was matriculation with second division, while by that time the appellant has also passed his F.A. Examination, therefore, without taking into consideration his further educational qualification, appellant could not have been non-suited and removed from service on account of such lack of qualification as minimum requirement for such vacancy. He, however, did not dispute that for the post against which the appellant was appointed as Food Grains Supervisor (BS-6), the requirement of qualification thereof in terms of the letter dated 6-5-1993 issued by the Government of Punjab, Food Department, was second class matriculation from a recognized Board, which the appellant did not have except that he had passed F.A. Examination in 'D' grade.

3. Conversely, Mr. Musddasar Khalid Abbasi, learned Assistant Advocate-General, Punjab has made reference to a judgment of this Court in the case of Government of Punjab v. Zafar Maqbool Khan (2012 SCMR 686), wherein, in identical facts and circumstances, the apex Court has set aside the judgment of the Lahore High Court, and dismissed the petitions, inter alia, for the following reasons:-- "..... we find that admittedly in C.A. 749 of 2008 in terms of the advertisement published for the Combined Competitive Examination for the post of Provincial Management Service, the qualification prescribed was "Graduation (Second Division) from a recognized university. It is not denied that the afore-referred condition of qualification is in accord with the Punjab Provincial Management Service Rules, 2004, (dated 17-1-2004) wherein column 5 prescribes the qualification. These Rules were framed in the exercise of the powers conferred to the Governor under section 23 of the Punjab Civil Servants Act, 1974. The eligibility of a candidate had to be determined in accord with the advertisement for the post, service rules governing the appointments and any amendment or instruction backed by law. The Regulation No.22 of the Punjab Public Service Commission Regulations, 2000, mandates as follows:- "

22. Eligibility of a candidate shall be determined in accordance with the advertisement for the post, service rules governing appointments to the relevant post and such other ancillary instructions issued by the Government and/or the Commission from time to time. For this purpose, the age, qualifications, experience and other credentials etc., of the candidates existing on or up to the closing date fixed for such posts as advertised, shall be taken into account. No relaxation in this regard shall be allowed."

9. The observation of the High Court to the effect that the Rules framed by the Federal Public Service Commission are para materia to the Rules governing the appointments of Provincial Management Service, we may observe with respect, is not tenable as those are distinct. Rule 5(ii) of the former Rules specifically permits 2nd class Masters Degree holder to be eligible even, if he is a 3rd Division in Bachelor's Degree whereas in the Rules/Regulations for the posts of Provincial Management Service, there is no provision of a similar kind. In the afore-referred circumstances, the impugned judgment cannot be sustained."

4. We have carefully considered the submissions made before us by both the learned ASCs and carefully perused the material placed on record. There is no denial of fact that for the post of Food Grains Supervisor (BS-6), Food Department, Government of Punjab, the minimum educational qualification requirement was matric 2nd division from a recognized Board, which qualification the appellant did not have. It is strange to notice that out of about 140 candidates, who had applied for such vacancy against only one post, the appellant Khurram Iqbal, who even lacked basic qualification was interviewed and found suitable for appointment though it was beyond the jurisdiction of the appointing authority to give any relaxation in the matter of minimum required qualification meant for that particular vacancy. In our opinion, mere holding of F.A. qualification will not done away with the basic requirement of matriculation in second division, therefore, the Tribunal, while passing its impugned judgment, was fully justified in dismissing the appeal of the present appellant. Apart from it, the case of the appellant nee7ds no further deliberation as it is fully covered by the ratio of above cited judgment in the case of Government of Punjab (supra).

5. The upshot of above discussion is that this appeal being devoid of merits is dismissed. MWA/K-5/SC Appeal dismissed.