Government Recruitment Advertisement and Qualification of F.Sc.

Government Recruitment Advertisement and Qualification of F.Sc. Case Laws Constitutional Law Employment & Incentives Knowledge - Constitutional Law Lahore High Court Litigation & Arbitration Recruitment Criteria Solutions - Constitutional Law Mr. Justice Zafarullah Khan Khakwani in his judgment has decided the issue regarding government recruitment advertisement and qualification of F.Sc. in Intra Court Appeal No. 67 of 2015.

1. By way of instant Intra Court Appeal the appellants have called in question order dated 5.5.2015 passed by learned Judge-in-chamber of this Court in constitutional petition bearing W. P. No. 1541 of 2015 whereby the respondent has been directed to be appointed as E.S.E. (Sci. Math.).

2. Facts of the case, in brevity, are that Mst. Saba Jabeen, respondent, in response to the advertisement floated in the newspaper on behalf of appellant No.2, applied for the post of ESE (Sci.-Math) having qualification B.Sc., B.Ed. However, she was not appointed which compelled the respondent to file the above cited constitutional petition which was accepted and the learned Judge-in-chamber of this Court directed the appellants to appoint the respondent in accordance with law. Feeling aggrieved of the said order the appellants have assailed the same by way of instant Intra Court Appeal, as mentioned above.

3. Although notice in this appeal has not yet been issued to the respondent, but Ch. Shafi Muhammad Tariq, Advocate has put in appearance at preliminary stage by submitting that he is on watching brief and seeks permission to represent the respondent in this case. This being the position, this appeal is being decided after hearing both the parties as a notice case.

4. Learned Law Officer representing the Government/appellant submits that required qualification for the post applied by the respondent was inter alia B.Sc. with at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course & Math whereas the respondent passed her graduation with the combination of Economics, Advance Computer and Statistics which did not match with the required qualification. Further submits that in the advertisement the above said condition was relaxed by adding that if the candidate was not B.Sc. with at least two above-indicated subjects then he must be B.Sc./B.A. with F.Sc.. The learned Law Officer submits that neither the respondent is having qualification of F.Sc. in Pre-Medical nor in Pre-Engineering group and has passed the same in General Science Group with the subjects of Physics, Mathematics and Statistics which cannot be equated with F.Sc. as such she was not entitled to be appointed as per Recruitment Policy for Educators (2014) but the learned Single Judge has erroneously accepted the writ petition and directed the appellants to appoint the respondent which order is not sustainable in the eye of law and is liable to be set aside.

5. Although learned counsel for the respondent conceded that the respondent did not pass B.Sc. examination with either of two subjects given in the said advertisement, but at the same time supported the impugned order by referring to the condition of B.Sc./B.A. with F.Sc. made in advertisement that bare perusal of the same would reveal that appellant No. 2 had invited applications even from candidates having B.Sc. or B.A. with F.Sc. and no condition of any special subject for F.Sc., as is now being pressed, was mentioned for eligibility. Further submits that the respondent was having academic qualification of B.Sc. with professional qualification of B.Ed and as such she was eligible to be appointed as E.S.E. (Sci-Math). Learned counsel laid much stress on the point that F.Sc. does not confine only to Pre-Medical or Pre-Engineering Groups rather also includes General Science Group as such the respondent must be considered to be having F.Sc. qualification. He also contends that the appellants have already appointed another candidate having similar qualification and the respondent is being discriminated in the matter of appointment.

6. Arguments pro and contra have been heard and record perused.

7. As a result of advertisement published in the newspaper the respondent applied for the post of ESE (Sci-Math). The recruitments were to be made under the Recruitment Policy, 2014 and as per advertisement said policy was available on the website for perusal. The said Policy prescribes that to be appointed as ESE (Sci-Math) academic qualification of a candidate must be B.Sc. with at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course and Math or B.Sc./B.A. in other subjects with F.Sc. As per stance of learned counsel for the respondent the respondent has passed her B.Sc. (with the combination of Economics, Advance Computer and Statistics) having passed her F.Sc. examination. On the other hand learned Law Officer stresses on the point that only the candidates having passed Intermediate examination with Pre-Medical and Pre-Engineering subjects are considered to be F.Sc. whereas the subjects chosen by the respondent in her Intermediate (Physics, Mathematics and Statistics) constitute General Science Group as is evident from Certificate of the respondent issued by the Board of Intermediate and Secondary Education Bahawalpur and as such she was not eligible to be appointed. In order to resolve the controversy as to which subjects/groups constitute F.Sc. we have minutely gone through the scheme of studies formulated by the Board of Intermediate and Secondary Education, Bahawalpur.

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