2020 PLP (C (PLC(CS)N)

AZHAR SALEEM BABR, J.

Argument heard. The Public Service Commission (PSC) advertised two posts of Assistant Professor Chemistry BS-18 on open merit vide advertisement No.2/2013. The petitioner applied for the job and was placed at serial No.5 of the waiting list. Candidates gaining merit have been appointed by the Government on the recommendations of PSC. It may be brought on record that PSC recommended Noor Hussain and Shakir Hussain for the mentioned posts who scored 66.21 and 65 marks respectively. The petitioner's case shortly stated is that he is holding M.Sc. Decree in Chemistry with more than 7 years teaching experience. The petitioner has attached a certified copy of degree of M. Phil Chemistry which shows that he passed his M. Phil Chemistry in 2004-2006 session with 3.84 CGPA. He has further attached a certificate of experience issued by Shaheen Model College Muzaffarabad, which reveals that he worked as Lecturer in Chemistry in the College from March 2003 to Jan 2008. The petitioner was appointed as Lecturer in Chemistry on recommendations of PSC in Government Degree College Chinari vide notification dated 17.10.2007, therefore, the petitioner has a teaching experience of more than seven years as required by departmental rules. It is necessary to bring on record that academic qualification required for the post of Assistant Professor is as under:- i. Ph. D in relevant subject with two years teaching experience in college/university; ii. M. Phil in relevant subject from recognized university with five years experience in college/university; iii. Masters degree 2nd class in relevant subject from recognized university with seven years teaching experience in college/university or in Education Administration/Management. The PSC has laid down criteria for awarding additional marks to the candidates having higher qualification. The criteria states that 01 mark shall be allocated for M.A/M.Sc, 02 marks for M. Phil and 03 marks for Ph. D Degree. The petitioner's case is that he falls within the category of M.Sc with 07 years experience as mentioned in serial No.7(1) of the departmental rules. On the other hand respondents have come up with the stance that the petitioner is holding basic academic qualification for the post of Assistant Professor B.18. It has been argued that candidates having M.Sc., M. Phil or Ph. D are eligible to be appointed as Assistant Professor. So, the petitioner having M. Phil degree in Chemistry does not have a higher qualification as per departmental rules. Explanation furnished by the respondents is neither logical nor in accordance with eligibility criteria laid down by the departmental rules. It has already been mentioned that there are three categories of eligibility of a candidate for the post of Assistant Professor BS.18. The Candidate should have either Ph. D Degree with 02 years teaching experience or M. Phil Degree with 05 years experience or Masters Degree 2nd class with 07 years teaching experience. The petitioner fulfills the latter 02 categories for appointment as Assistant Professor. He is an M.Sc. in Chemistry 2nd Division from university of Azad Jammu and Kashmir with more than 07 years teaching experience. The petitioner holds a degree of M. Phil (Chemistry) with more than 05 years teaching experience. Apparently the candidature of the petitioner is to be examined in view of his M. Sc degree with 07 years experience. It has not been denied by the respondents that the petitioner fulfills requisite teaching experience of 07 years along with M.Sc 2nd class degree in hand. This situation leads to the conclusion that petitioner has an additional qualification of M. Phil Chemistry and is thus entitled to 02 additional marks as per criteria decided by the PSC itself. The petitioner's merit is supposed to be examined in view of merit list prepared by the PSC. A perusal of merit list shows that Noor Hussain and Shakir Hussain scored 66.21 and 65.00 marks respectively and have been recruited thereafter. A list of remaining passed candidates mentions 8 names wherein the petitioner has been placed at Serial No.7. The petitioner scored 59.17 marks and if he is awarded 02 marks for his higher qualification, his total marks would come out to 61.17. The petitioner was to be placed at serial No.2 of waiting list prepared by PSC because one Abid Awan under Roll No. 351 has been awarded 63.43 marks by the PSC. The petitioner could not be placed at serial No.1 of the waiting merit list even after having 02 additional marks. It has been argued on behalf of petitioner that Abid Awan son of Zaffar Awan who scored 63.43 marks did not approach the Court so he is not entitled to any relief and the petitioner has to be considered as having 1st position in the waiting merit list. This argument cannot be concurred with for reason that it was necessary for the petitioner to implead all the candidates falling ahead of him in the waiting merit list. The candidates falling ahead of the petitioner are a necessary party and without affording these candidates, an opportunity of hearing, their merit cannot be disturbed. In the light of what has been discussed above, the petitioner cannot be remedied in terms of his prayer clause, so, the writ petition is dismissed. ZC/24/HC(AJ&K) Petition dismissed.