2023 PLP (C (PLC(CS)N)

MALIK HAQ NAWAZ, CJ.

Since both captioned writ petitions have been filed by a same petitioner namely Kaleem Ullah with an identical subject matter involved therein, hence we deem is convenient to dispose-off both writ petitions through this single consolidated judgment.

2. The prayer of Writ Petition No. 130/2018 is extracted from the petition as follows: (a) The respondents may kindly be directed to regularize the contractual services of the petitioner by converting the contractual services into permanent footing from the date of initial contract of 13th October 2014. (b) It is further prayed that till final decision of this honourable Court, the status quo of the running contract of the petitioner may be maintained. Along with Writ Petition No.130/2018, the petitioner moved an application under Order XXXIX Rules 1, 2 read with section 151, C.P.C., to maintain status quo of the impugned post of Lecturer BS-18 in the Department of Business Management, Karakoram International University (KM) Gilgit till final disposal of writ petition. During pendency of writ petition, the petitioner also submitted an application bearing C.M No.270/2018 for status quo order with the same prayer which was sought in the earlier petition.

3. The prayer of Writ Petition No.160/2018 filed by the same petitioner is quoted from the petition as under: "(a) The respondents may kindly be directed to short list the petitioner for the post of Lecturer BS-18 giving him fair opportunity to participate and to go through selection board process of above advertised post. (b) The Selection Board Process of the above advertised post may kindly be stayed till final decision of this writ petition" The petitioner also sought status quo through application under Order XXXIX, Rules 1, 2, C.P.C. to restrain the Selection Board from appointment against the subject post of lecturer.

4. The petitioner was initially appointed as visiting faculty member for Spring Semester 2014 and after completion of specified period of contract, the petitioner was offered semester contract for Fall Semester 2014, whereupon the contract of the petitioner was extended from semester to semester, whereas the last contract was to end on 315( July 2018. The respondents in the month of March 2018 advertised certain positions of Ghizer, Diamer and Hunza Sub-Campuses of KIU including the post of Lecturer BS-18 in the Department of Business Administration Sub-Campus Ghizer. The petitioner applied for the said post, but the respondents rejected the candidature of petitioner being ineligible as per standard of qualification introduced by Higher Education Commission (HEC) for appointment of lecturer.

5. Raja Shakeel Ahmed Advocate, learned counsel for the petitioner submitted that the petitioner has rendered unblemished services to the department for the last five years and the petitioner has a good evaluation report being a foreign qualified in M.Sc. The learned counsel for the petitioner submitted that the petitioner hps been initially appointed as visiting faculty member after conducting proper test and interview, thus all the requisite formalities of initial appointment has been fulfilled by the respondents, which makes the petitioner eligible for regularization of his service. The learned counsel for the petitioner argued that KIU has adopted the rules of Quaid-eAzam University Islamabad Rules 2000, the said rules depict that after two years of satisfactory services rendered by an employee of the university, his/her services shall be regularized, but the petitioner has served the institution for five years without break, thus by all means the petitioner is entitled for adjustment on regular footing against the post of Lecturer l35-18 in the Department of Business Management. The learned counsel for the petitioner further contended that being eligible candidate for the advertised post of Lecturer BS-18, the respondents acted in discrimination and do let the petitioner to participate in the test/interview.

6. Mir Zeeshan Akhlaque Advocate, counsel for the respondents, strongly contested both the petitions and argued that the petitioner was appointed as visiting faculty member on need basis without any advertisement of post and Selection Board. The learned counsel for the respondents argued that the extension of contract of the petitioner suffers intermittence, and there is no criteria under HEC rules to regularize any contract employee without qualifying Selection Board. The learned counsel for the respondents further contended that HEC has declared the degree of petitioner as equivalent to 17 years schooling, whereas under the new policy of recruitment, the required qualification for lecturer is 18 years of education equal to MS/M.Phil, hence the petitioner is not eligible for the post of lecturer BS-18 advertised by KIU in March 2018. He accordingly requested for dismissal of both writ petitions being meritless.

7. We heard the arguments of the parties at a considerable length and perused the available record.

8. As per record it is admitted fact that the petitioner was appointed as visiting faculty members for Spring semester, 2014, vide-Office Order No. KIU-Adm-1(13)/2011/23668 dated 4th April, 2014, whereas through Office Order No. KIU-Estt-1(13)/2011/24524 dated 25th August, 2014, the competent authority of KIU appointed the petitioner for Fall Semester, 2014. Thereafter, the contract was extended from time to time. Although the service of the petitioner extended from time to time, but his services suffered intermittence at various times. In this regard, the Experience Certificate bearing No.KIU-Estt-1(13)/2016/32738/35491 dated 7th March 2018 issued by Addl. Registrar MU, attached by the petitioner with his petition, is reproduced for ease as under: "It is certified that Mr. Kaleennillah has worked as Lecturer on Semester Contract in the Department of Business Management Karakoram International University Gilgit. His service record is as under: Position Period Lecturer * October 13, 2014 to December 31, 2014 February 23, 2015 to June 30, 2015 March 14, 2016 to June 30, 2016 August 1, 2016 to December 31, 2016 February 20, 2017 to 14 October, 2017" The appointees of semester contract including the petitioner were appointed for a short term in order to cover shortage of faculty who were on study leave for higher studies and such appointment cannot confer any vested right of regularization tc the petitioner. The petitioner has concealed the actual fads of the case, thus he has not come to the Court with clean hands.

9. As far as the plea of petitioner regarding exclusion from the shortlisted candidates for the post of Lecturer BS-18 in the Department of Business Administration KIU Sub-Campus Chizer, is concerned, the petitioner is out of eligibility criteria set out by HEC. KIU has followed HEC rules for faculty appointment in the year 2015, under which KIU is bound to follow HEC criteria. The HEC, vide letter No.1-4(FAC)/QA/2017/HEC/22 dated 26th January, 2017 has raised minimum qualification for appointment of lecturer at HEIs. Relevant part of referred letter is reproduced as under: "a. Universities/DAIs that have already adopted and implemented Commission's decision of raising minimum qualification for appointment of Lecturers to the level of M.Phil/MS or equivalent degree (18 years) or Master degree from a foreign University were acknowledged and advised to continue implementing the decision. Whereas, those Institutions who are yet to raise the qualification for appointment of Lecturers are directed to ensure implementation of the Commission's decision by June 30, 2017 without fail." Whereas the degree of petitioner as per letter No.8- 58/HEC/A&A/2012/2631 dated December 12, 2012 of HEC is equivalent to 17-year of schooling. The referred letter is reproduced herein below for ready reference: "Mr. Kaleemullah Dar, Dar House Markazi Mohalla, Khashrote Gilgit Northern Areas Gilgit Subject: Equivalence of Master of Science (Business and Management) Degree awarded by the University of Bedfordshire, U.K. Dear sir, In suppression to this office letter of even number dated October 3, 2012 on the subject, it is informed that the University of Bedfordshire is a chartered university of U.K. As confirmed by the University of Bedfordshire, U.K. Higher Education Commission recognizes Master of Science (Business and Management) Degree held by you as equivalent to corresponding Master's degree in the relevant filed involving 17-year of schooling from Pakistan and you are eligible to get direct admission into Ph.D degree program." The qualification set by HEC for appointment of Lecturer BS-18 is M.Phil/MS or equivalent degree (18 years), whereas" the petitioner's degree is equivalent to 17-year schooling, thus the petitioner is not eligible for the post of lecturer under the decision of HEC and we cannot force HEC or MU to alter its decision only for a single person without any justification

10. In view of above, we do not find any merit in both writ petitions, which are hereby dismissed being meritless.

11. Writ Petition No.130/2018 along with Civil Misc. No.212/18 and 270/18 and Writ Petition No. 160/2018 along with Civil Misc. No.263/2018 are disposed-off accordingly. File SA/130/GB Petitions dismissed.