2013 P L C (C.S.) 1143
[Balochistan High Court]
Before Qazi Faez Isa, C.J. and Naeem Akhtar Afghan, J
NASIR MEHMOOD
Versus
DIRECTOR EDUCATION (COLLEGES), BALOCHISTAN, QUETTA and 5 others
Constitutional Petition No.337 of 2012, decided on 9th May, 2013.
(a) Constitution of Pakistan ---
----Art. 199 -Constitutional petition ---Civil service ---Appointment ---Right of appointment of a
candidate stood next on merit list ---Petitioner applied for the post of Lecturer and after clearing
test and inter views stood fourth on merit ---Candidates who came first, second and third on merit
list were appointed but subsequently the appointment of one candidate was cancelled and
department decided to re -advertise the post ---Petitioner claimed for appointment bein g next
candidate ---Validity ---Petitioner had not placed on record the advertisement made by the
department for the posts of lecturers in the Colleges ---Petitioner had applied for the post of
Lecturer in a specified college and not for any post in any Colle ge---Appointment of the
candidate at the other college was cancelled which had no concern with the candidature of the
petitioner ---Decision of the Selection Committee for re -advertisement of post did not suffer from
any illegality or irregularity warrantin g interference by High Court ---Constitutional petition was
dismissed.
(b) Constitution of Pakistan ---
----Art. 199 ---Constitutional petition ---Civil Service ---Appointment ---"Hope certificate" by
University ---Scope ---Appointment on the basis of "hope c ertificate" issued by the University ---
Validity ---University could not make a categorical statement that candidate would pass his final
examination ---Concept of "hope certificate" was beyond comprehension ---If for a particular job
certain educational quali fications were required those had have to be met before the candidate
applied for the same ---High Court deprecated acceptance of "hope certificate" by government or
any local or statutory body.
Abdul Ghani Mashwani for Petitioner.
Tariq Ali Tahir, A ddl. A. -G. for Respondents.
Date of hearing: 1st April, 2013.
JUDGMENT
NAEEM AKHTAR AFGHAN, J. --- This judgment disposes of Constitutional Petition
No.337 of 2012, wherein the petitioner has claimed the following relief: ---
"It is, accordingly respectfully prayed that keeping in view the above mentioned facts and
circumstances this Hon'ble Court may kindly be pleased to direct the official respondents to
withdraw the appointment order of the respondent No.6 and further be pleased to direct the
official respondents to issue the appointment order of the petitioner on the post of lecturer in
English, in the interest of justice, equity and fairplay."
2. As per contents of the petition, in December 2011, the respondent No.5 placed an
advertisement i nviting applications for different posts in Cadet and Residential Colleges in
Balochistan, including three posts of lecturers for the English department of Cadet College
Panjgur. Test and interviews were conducted and the results of the successful candidat es were
announced. Messrs Imtiaz Ali stood first, Adnan Riaz (respondent No.6) stood second.
Muhammad Hussain stood third and the petitioner stood fourth. However, no list/merit list was
filed to show that the petitioner stood fourth thereon. The candidate s, who came first, second and
third on the merit list were appointed vide notification dated February 8, 2012.
3. It was subsequently revealed that the respondent No.6 did not hold the required Master
degree but was appointed on the basis of a 'hope cert ificate' with the expectation that he would
qualify the forthcoming examinations. The petitioner, therefore, approached the respondents for
issuing his appointment order, since he was placed at fourth position, but instead of appointing
the petitioner the respondent No.6 was appointed as English lecturer in Cadet College Panjgur.
4. The respondents Nos.1 and 3 filed parawise comments stating therein that respondent
No.6 was allowed to appear in the test and interview on the basis of the said 'hope certifi cate'
with the expectation that his Masters' result will be declared within one month. However, on
coming to know that the results will be announced in the month of August, 2012 reliance was not
placed upon the `hope certificate', therefore, the Selection Committee unanimously decided in its
meeting of March 12, 2012 to terminate the services of respondent No.6 and further decided to
re-advertise the posts as certain other newly appointed lecturers did not join service. In order to
run the classes unaffecte d the respondent No.6 was appointed as an Instructor in English (BPS -
16) on contract basis for a period of six months vide order dated April 1, 2012 by respondent
No.3.
5. Learned counsel for the petitioner stated that instead the petitioner being placed fourth on
the merit list should have been appointed in place of respondent No.6 and that the appointment
of respondent No,6 on the basis of `hope certificate' was illegal and unlawful. Learned A.A. -G.
stated that the contract appointing respondent No.6 ha s also been terminated as he did not
produce the certificate of the requisite examination. The learned counsel for the petitioner also
confirms this fact.
6. Heard the learned counsel for the parties and perused the available record. The petitioner
has n ot placed on record the advertisements placed by the respondent No.5 for the posts of
lecturers in Cadet and Residential Colleges of Balochistan. The computer abstract filed as
annexure "B" (at page 25) relates to different Cadet and Residential Colleges i n Balochistan,
including Turbat having one vacancy of lecturer in English. The application of the petitioner
dated December 22, 2011 shows that the petitioner had applied for the post of lecturer in English
in Balochistan Residential College Turbat. The pe titioner however had not applied for any post
in the Cadet College Panjgur. The respondent No.6 was initially appointed on the basis of a 'hope
certificate' as lecturer in English in Cadet College Panjgur, which had no concern with the
candidature of the p etitioner, and the Selection Committee in its meeting of March 12, 2012 had
decided to terminate his appointment and further decided to re -advertise the said post of lecturer
in English of Cadet College Panjgur. The decision of the Selection Committee wher eby the
respondent No.6 was appointed on "contract basis" on ad hoc basis was also terminated during
the pendency of the petition. Consequently, there remains no grievance of the petitioner to the
extent of the respondent No.6.
7. As regards the petition er claim for appointment as lecturer in English in Cadet College
Panjgur due to the termination of the respondent No.6, the same cannot be granted inter alia for
the reason that the petitioner had not applied for the said post. The decision of the Selectio n
Committee to re -advertise the said post does not suffer from any illegality or irregularity
warranting interference by this court in its constitutional jurisdiction. The petitioner and all
others who meet the stipulated criteria would be at liberty to ap ply for the said post when it is
advertised.
8. Just before parting we want to consider the practice of issuing "hope certificate" In this
case the said hope certificate issued by the University of Balochistan stated, that: ---
"This is to certify that Mr. Adnan Riaz son of Riaz Ahmed is a regular student of M.A.
English Literature class final. He appeared in the M.A. Previous examination under Roll
No.8524 in the year 2010 by securing 235 marks out of 450 marks and place in second division.
It is fu rther stated that he would pass his final examination with good marks. He bears
good moral character and social behavior."
It is not understandable how the University could make a categorical statement that Mr. Diaz
"would pass his final examination." Moreover, the concept of 'hope certificate' is beyond our
comprehension. If for a particular job or position certain educational qualifications are required
these have to be met before the candidate applies for the same. It is his or her qualification as
existing, and not those that he/she may acquire in the future. We strongly deprecate acceptance
of `hope certificate' by any government or any local or statutory body. To ensure that this
unlawful practice does not continue, respondent No.2 is directed to s end a copy of paragraph 8 of
this judgment to all the Universities of Balochistan and the Balochistan Public Service
Commission. He is further directed to ensure that the Government of Balochistan does not accept
or place reliance on such type of 'hope cer tificate.'
For the above reasons, the petition is dismissed but with no order as to costs.
JJK/46/Q Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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