2006 SC MR 1190 (PLP)

SYED JAMSHED ALI, J.

This order will dispose of Civil Petitions Nos.24 and 25-Q of 2006. The two petitioners were contenders for the post of Assistant Professor (Gynaecology) advertised by the Balochistan Public Service Commission (hereinafter referred to as the Commission) one post was allocated to Makran Zone while the other to Quetta Zone. Since no suitable candidate was available from Makran Zone the said post was transferred to merit quota. After completing necessary formalities the Commission recommended appointment of Dr. Syeda Mah Rukh, petitioner in C.P. No.24-Q of 2006 and Dr. Najma Ghaffar, petitioner in C.P. No.25-Q of 2006. Before, however, any final order was passed on this recommendation, respondent No.1 filed two separate writ petitions which were allowed vide the impugned judgment, dated 1-2-2006 of a learned Division Bench of this Court against which leave is sought.

2. We have heard the learned counsel for the parties and representative of the Commission. On being questioned, the representative of the Commission produced before us a copy of the result sheet according to which, Dr. Syeda Mah Rukh was at Serial No.1 and Dr. Najma Ghaffar at Serial No.2. Recommendation for appointment of the aforesaid candidates was made respectively against Quetta Zone and against the merit quota available as a result of non-availability of a candidate from Makran Zone. The said merit list further shows that the writ petitioner, Dr. Maryam, respondent No.3, was at Serial No.7. It is contended by petitioners learned counsel that in these circumstances, there was hardly any justification for the High Court to interfere in the matter. It is next contended that no final order on the recommendation of the Commission, was passed and, therefore, the writ petitions were premature. The impugned judgment has also been attacked on the ground that the judgment in Dr. Habib-ur-Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144 relied upon by the learned High Court, in fact, laid down rule against the contention of respondent No.3 and, therefore, it was not correctly understood and applied.

3. The representative of Balochistan Public Service Commission also brought to our notice recruitment policy dated 22-1-1991. Relevant para.4 from which is reproduced hereunder: "Recruitment for the specialized jobs in technical and professional institutions viz. Bolan Medical College, Quetta, Khuzdar and Agriculture College, Quetta, shall be made according to the Zonal allocation provided that in case candidate(s) fulfilling the prescribed academic qualifications and experience are not available from a particular zone, recruitment to such posts shall be made on open merit."

4. The said paragraph was explained by the representative of the Commission that in case a candidate from a particular Zone to which a vacancy has been allocated was available he or she was entitled to be appointed against that quota and, therefore, in case of Dr. Syeda Mah Rukh recommendation was made for her appointment against the quota of Quetta Zone and for the merit vacancy, Dr. Najma Ghaffar, who was at merit No.2, was recommended.

5. After hearing the learned counsel for the parties and representative of the Commission, we grant leave to appeal to, inter alia, to consider the aforesaid contentions.

6. The interim order dated 24-2-2006 of status quo shall continue. Since appointment to two vacant posts of Assistant Professor (Gynaecology) has been stayed, we are of the view that this matter requires early disposal. The office shall, accordingly, place the matter before the Honourable Chief Justice for appropriate orders.

7. The appeal shall be prepared on the existing record with liberty to the parties to produce additional documents. M.H./M-87/SC Leave granted.