2014 PLP (C (PLC(CS))

SHOAIB SAEED, J.

Brief facts giving rise to this writ petition are that vide advertisement No.28/2010 respondent No.3 sought recruitment for 102 posts of Zilladar (BS-14) through out Punjab. Petitioner also applied for appointment as Zilladar against the post mentioned at Sr. No.7 for L.B.D.C. Improvement Project in case No.16-E7/10. Five posts without any specification were mentioned in the relevant column of the advertisement. Application was submitted through an Application Form issued by the Punjab Public Service Commission. Domicile of the petitioner in the said form was mentioned in the relevant column of "Khanewal". Petitioner qualified the written exam. Respondent No.5 vide rejection letter dated 13-4-2011 intimated that petitioner failed to submit attested copies of the following documents by the closing date: (i) Experience Certificate (ii) Departmental Permission issued by the Appointing Authority (iii) Valid National Identity Card. In column No.2 of the rejection letter, it was mentioned that in case of rejection aggrieved, may file a representation to the Secretary/ respondent No.3 within seven days, petitioner submitted the aforesaid documents within the stipulated time along with representation. On receipt of the aforesaid documents, petitioner was called for an interview. Later vide letter dated 25-7-2011 petitioner was intimated that his application was rejected on the ground of mentioning wrong zone. However, at the bottom of the said letter it is mentioned that the Commission has decided to consider petitioner's candidature against the post of Zilladar L.B.D.C. Improvement Project Zone as his district of domicile fell under this zone. Thereafter on 15-10-2011 four candidates were recommended by the Punjab Public Service Commission for appointment to the post of Zilladar L.B.D.C. Improvement Project Zone in the Punjab Irrigation and Power Development but petitioner's name was dropped.

2. In parawise comments, it was submitted that at the time of interview it was observed that petitioner's name on the Matriculation Certificate was written as Syed Iftikhar Hussain whereas on all other documents his name was written as Syed Iftikhar Hussain Nasir. Petitioner was asked to get his name corrected within 10 days failing which his interview would be considered as cancelled.

3. Petitioner approached the Board of Intermediate and Secondary Education, Multan in this regard and was accordingly issued Secondary School Certificate mentioning his name as Syed Iftikhar Hussain Nasir which he dispatched under the postal receipt to the respondents but without any success. The refusal as provided in Ground (d) of the parawise comments came about on account of non-production of the said certificate within the period as desired by the respondents. Correction of name by the relevant Board had to be made under the procedure and rules of the Board being a time consuming process and beyond the control of the petitioner. The petitioner possesses degrees of M.A. (Political Science), L.L.B., M.B.A. and M.A. (Pak Study) much higher qualifications than those mentioned in the advertisement, is legitimately eligible for appointment as Zilladar. By not recommending his name on the pretext of failure to deliver the correct Secondary School Certificate within the time frame desired by the respondents is absolutely unjustified.

4. In view of the above, this writ petition is allowed. Respondents are directed to recommend the name of the petitioner for appointment in the Punjab Irrigation and Power Department against one vacant seat for the post of Zilladar LBDC Improvement Project Zone within shortest possible time. However, respondents are well within their right to get the corrected matriculation certificate duly verified from the relevant Board. JJK/I-32/L Petition allowed.