2006 PLP 1480 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

This petition arises out of the judgment dated 2nd April, 2003 passed by Punjab Service Tribunal, Lahore whereby Appeal filed by the petitioner has been dismissed. Concluding para. therefrom reads as under thus:-- "A copy of the relevant Rules have been placed on record. According to the Rules, M.A. Second Division is the prerequisite for promotion from BS-17 to

18. Since the appellant is admittedly M.A. 3rd Division, therefore, he is not entitled to promotion from BS-17 to B-18. Even otherwise, the question for the fitness for promotion is to be determined by the Department Authority and not by this Court."

2. A perusal of above para. from the impugned judgment indicates that petitioner has been non-suited on the ground that he was not eligible for promotion from BPS-17 to BPS-18 because he had passed M.A. examination in 3rd Division. Learned counsel by making reference to Item No.5 from the Punjab Education Department (Schools Education) Recruitment Rules, 1987, as amended from time to time, contended that requirement of possessing degree at least of 2nd Division in M.A. is A meant for those candidates who had applied for initial recruitment against 33% quota, whereas candidates whose cases were covered under 67% of promotion quota, amongst S.S.Ts: for the posts of Headmaster/ Headmistress are not required at least to possess 2nd Division in M.A. For reference Item No.5 pointed out by the learned counsel is reproduced hereinbleow : -- 1 1. 2. 3. 4. 5. 6. 7.

8. Headmaster/Headmistress (i) M.A./MSc. (2nd Div.) (i) 33% initial recruitment High Schools with enrolment less than 1500 Provided that for those who are M.A. (English) (3rd (ii) 67% by promotion Div.) the same condition from amongst SSTs Deputy Headmaster/ Deputy Headmistress shall apply as mentioned in column (5). Note-1. SSTs on strength High School with of the Education enrolment 1500 or above Department immediately before enforcement I I ! ~ Deputy District Education Officer/Subject Specialist (ii) B.Ed. (2nd Div.) These rules, will be eligible for promotion as Elementary College and Higher Secondary School (BS-17) (iii) For promotion to post of Subject Specialists, the above-mentioned Headmaster/Headmistress/ Deputy District Education Officer without having qualifications in the relevant subject M.A./M.Sc. Degree but shall not be eligible for posting as Subject Specialists or for promotion to the posts in BS-18 without possession of M.A./ MSc./ M.Ed./ M.A. (Education) Note-II. Subject Specialists shall not be eligible for posting as Headmaster/Headmistress/ Deputy District Education Officer unless they have served as Subject Specialist for a period of ten years similarly Headmaster/Headmistress/ Deputy District Education Officer shall not be eligible for posting as subject Specialists unless they have served as such for a period of ten years.

3. After hearing learned counsel for petitioner and having gone through the impugned judgment carefully, we are of the opinion that contention so raised by the learned counsel, in view of the above provisions of the Schedule to the Rules, requires consideration, as such leave to appeal is granted.

4. Learned counsel further contended that on the same subject, learned Service Tribunal had taken a different view in some of the cases, wherein candidatures of the candidates, who possess degree of M.A. in 3rd Division, have been rejected. In this behalf he made reference to one of the judgments, which has been challenged before this Court in Civil Petition No.1178-L of 2004. He further contended that said C.P.S.L.A. be heard and disposed of along with the appeal arising out of instant petition. Order accordingly. As short point is involved in the matter and petitioner is going to be retired on attaining the age of superannuation, therefore, office is directed to fix the appeal arising out of instant petition along with above-noted petition for leave to appeal, after two months at Islamabad, subject to soliciting necessary approval from Honourable Chief Justice. M.H./N-47/SC Leave granted.