2017 PLP (C (PLC(CS)N)

MUSHTAQ AHMAD TARAR, J.

Petitioner Muhammad Zulqarnain has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the prayer that respondent No.1 be directed to treat his qualification B.Sc. (Computer Engineering) equal to M.Sc. (Computer Science) and he be appointed on the post of SESE Computer Science (BS-14).

2. The facts in brief leading to this writ petition are that the petitioner filed this petition and alleged that responder No.1 advertised certain vacancies of educators in Tehsil Multan City and two posts of SESE Computer Science (BS-14) were also advertised; that for the post of SESE Compute Science (BS-14) required qualification in the advertisement was M.Sc. (CS)MCS/MSc.(IT)/MIT; that the petitioner who is qualified B.Sc. Computer Engineering applied for the said post, whereas, he qualified NTS test and procured 65/100 marks; that he participated in the interview etc. and in the tentative merit list he was topper but in another tentative merit list was omitted; that on query, respondents told him that he is not possessing the required qualification for the said post, so his name has been omitted, this according to Notification of Higher Education Commission dated 29.3.2007 the degree of B.Sc. Computer Engineering has been held equivalent to M.A./M.Sc. degrees; that in the minutes of the Equivalence Committee held on 20th August, 1992 the degree of BE Computer System Engineering awarded by Mehran University was declared equivalent to M.Sc. (Computer Science); that the petitioner was topper in the merit list and respondents have violated golden principle of merit which amounts to exploitation and discrimination.

3. Learned counsel for the petitioner contended that carreer of the petitioner throughout is very shining and according to Higher Education Commission Notification dated 29.3.2007, B.Sc. Computer Engineering of the petitioner has been declared equivalent to M.A./M.Sc. Computer Science; that employment against the seat advertised by the respondents is fundamental and constitutional right of the petitioner and while omitting his name from the list by the respondents the respondents have violated the fundamental human rights as enshrined by the Constitution of Islamic Republic of Pakistan; that the petitioner has got the B.Sc. Computer Engineering degree in the relevant field for the post advertised by the respondents and in case he is not appointed it will amount to discrimination and future of the petitioner will be ruined.

4. Comments from the respondents were called which were submitted wherein the version of respondents is that the basic qualification for the post of SESE (Computer Science) mentioned in the advertisement was M.Sc. (CS)/MCS/MSC(IT)/MIT and as the petitioner's academic qualification did not match with the prescribed qualification, his application was not considered for the said post.

5. The learned AAG contended that required qualification for the post applied for the petitioner in the advertisement given by the respondents is M.Sc. (Computer Science), whereas, the petitioner has earned the degree for BSc. (Computer Engineer) which is not equivalent to M.Sc. (Computer Science) in any manner; that in Notification No.8-1/HEC/A&A/2006/562 dated 29-3-2007, the Higher Education Commission has declared degree of BSc. (Computer Science) equivalent with MA./MSc. degree and not with M.Sc. (Computer Science) degree; that as the petitioner has not fulfilled required qualification mentioned in the advertisement for the post, hence, his name was rightly omitted from the list being not eligible for the post. He has placed reliance upon "Khurram Iqbal v. Deputy Director Food, D.G. Khan and another" (2013 SCMR 55), and "Rao Muhammad Aftab v. Province of Punjab through Secretary Schools, Education, Lahore and 3 others" (2014 PLC (C.S.) 39).

6. Arguments heard, comments perused and the case-law cited by the learned AAG considered.

7. It is own case of the petitioner that for the post of SESE Computer Science (BS-14) got published by the respondents the required qualification mentioned in the advertisement was MSc.(CS)/M.Sc.(IT)/MIT. Admittedly, the petitioner is not having the degree of MSc.(CS)/M.Sc.(IT)/MIT and he has obtained the degree of B.Sc. Computer Engineering. It has been contended on behalf of the petitioner that Higher Education Commission, vide Notification dated 29-3-2007 has declared the degree of BSc. Computer Engineer held after 4 years equivalent to M.A./M.Sc. degrees awarded after 4 years of post-intermediate education for the purpose of employment in BS-17 and in this way the BSC. Computer Engineering degree of the petitioner should have been considered equivalent to M.Sc. Computer Science by the respondents for Appointment of the petitioner against the post of SESE Computer Science (BS-14) advertised by the respondents.

8. I have gone through the said Notification dated 29-3-2007 of Higher Education Commission, placed on the record by the petitioner, the same is reproduced hereunder for proper appraisal:-- NOTIFICATION The Higher Education Commission recognizes all the Bachelor's degrees such as BE/SSc. Engg/BSc. (Hons) Agri/B.Pharm/ MBBS/BS(CS)/BS/(IT/BBA(Hons.) and LLB or equivalent held after 4 years/8 semesters (16-18 weeks each) studies and upon qualifying minimum 124 to 136 credit hours with admission requirement as Intermediate or equivalent involving 12-years schoolings as equivalent to M.S./MSc. degree awarded after 4 years of post-intermediate education (2 years B.A./BSc. + 2-years M.A./M.Sc.) in general stream for the purpose of employment in B-17 and for higher education.

9. This Notification shows that Higher Education Commission recognizes the Bachelor's degrees such as BE/BSc. Engg/BSc. (Hon) etc. as equivalent to M.A./M.Sc. degree awarded after 4 years of post-intermediate education in general stream for the purpose of employment in B-17 and for higher education. However, it is clear from the Notification that Higher Education Commission has declared the bachelor degree such as BSc. Engg. Etc. equivalent to M.A./MSc. degrees and not equivalent to MSc. (Computer Science), which was required qualification for the posts of SESE Computer Science (BS-14) advertised by the respondents in this case. Therefore, it is established from the record that the petitioner is not holding the degree of MSc. (CS)/MCS/MSc. (IT)/MIT, which was basic requirement for appointment against the post of SESE Computer Science (BS-14) advertised by the respondents.

10. In the judgment of August Supreme Court of Pakistan reported as "Khurram Iqbal v. Deputy Director Food, D.G. Khan and another" (2013 SCMR 55), the apex Court has held that minimum educational qualification required for the post as advertised is necessary for appointment against the said post and the eligibility of a candidate shall be determined in accordance with advertisement for the post. In the judgment of this Court referred by the learned AAG titled as "Rao Muhammad Aftab v. Province of Punjab through Secretary Schools Education, Lahore and 3 others (2014 PLC (C.S.) 39) this Court has laid down the same principle that the person who does not fulfill the criteria appointment laid down in the advertisement has no right for appointment against the said post.

11. In this case it is clear from the record that the petitioner having BSc. Computer Engineering degree applied for the post of SESE Computer Scinece (BS-14) the required qualification for which post was M.Sc.(CS)/MCS/MSc.(IT)/MIT as advertised by the respondents. The petitioner has no degree of MSc. (CS)/MCS/MSc. (IT)/MIT which was minimum qualification for appointment on the said post. As the petitioner does not fulfill the criteria as laid down in the advertisement and does not fulfill the requirement of minimum education qualification for the post advertised, I am of the clear view that the respondents have committed no illegality or irregularity while rejecting the application of the petitioner for the post of SESE Computer Science (BS-14).

12. Resultantly, this petition is dismissed having no force, in it. ZC/M-226/L Petition dismissed.