2014 P L C (C.S.) 571
[Balochistan High Court]
Before Qazi Faez Isa, C.J. and Muhammad Kamran Mulakhail, J
MITHA KHAN UMRANI
Versus
FEDERATION OF PAKISTAN through S ecretary National Assembly, Islamabad
Constitutional Petition No.506 of 2 012, decided on 23rd October, 2013.
Constitution of Pakistan---
----Art. 199---Constitutional pet ition---Civil service---Advertisement for the post of Micro Form
Technician in the newspapers---Minimum qualif ication being Intermediate in Science and
experience in Microform/Micr ofilming with maximum age of 25 years---Petitioner being
Intermediate in Arts with age of 35 years---Eff ect---Contention of petitione r was that neither he
was called for interview nor was informed about the fate of written te st taken by him whereas
authorities contended that proposed vacancy had been redesigned---V alidity---Requisite
qualification for the post advertised was Intermediate in Science and experience in Microform/Microfilming with maximum age of 25 y ears---Petitioner did his Intermediate in Arts
and was 35 years of age at the relevant date-- -Petitioner was over-aged and did not have any
experience as prescribed for the proposed vaca ncy---Government was competent to prescribe
qualifications for a particular post---Scientific development a nd increasing technical know-how
in prescribing qualif ication for a post could not be ignored---Eligib ility of a candida te had to be
determined in accordance with the advertisemen t for the post, service Rules governing the
appointment and any instruction backed by law and Rules framed thereunder---Unqualified
person could not be appointed to a particular pos t---Appointment could not be made in violation
of requisite qualification---Petitioner did not have the requisite qualification for the post
advertised and he could not be appointed theret o---Authority had also a bolished the said post
which was a matter within its discretion---Petitio ner had no right for the relief claimed by him---
Constitutional petition was dismissed in circumstances.
Shazia v. Government of Balochistan C.P. No.738 of 2012; Dr. Muhammad Hussain v
Principle, Ayub Medical College PLD 2003 SC 143 and Government of Punjab through
Secretary (S&GAD) Lahore v. Zafar Maqbool Khan and another 2012 SCMR 686 rel.
Inamullah Kakar for Petitioner.
Sher Shah Kasi, Dy. A.-G. of Pakistan for Respondent.
Date of hearing: 11th September, 2013.
JUDGMENT
MUHAMMAD KAMRAN MULAKHAIL, J.--- It is the case of the petitioner that he
had applied for the post of "Micro Form Technici an" pursuant to advertisement published in the
Daily 'Express' Quetta on 10th July, 2010, but th e respondent, i.e. "t he Secretary, National
Assembly Secretariat, Islamabad", neither called the petitioner for interview nor informed him
bout the fate of the written test taken by him no r adhered to the rules regarding reserved quota
for, the province of Balochistan.
2. The learned counsel for the petitioner relied upon the Intermediate Certificate
(Arts/Humanities Group) and the certificate dated 12-11-2010, i ssued by the Deputy Director
(Technical) of "National Archives of Pakistan, Islamabad, which stated that the petitioner was
born in 1975 and is serving as "Broad Casting T echnician" in Radio Pakist an, Quetta Center. He
stated that the petitioner was entitled to the concession of 10 years in upper age limit, being
government servant. According to Mr. Inamullah Kakar, A dvocate the petitioner met the
stipulated requirements for the job.
3. Mr. Sher Shah Kasi, the le arned Deputy Attorney General of Pakistan, contested the
petition on two grounds, firstly, that the petition er during examination was caught red-handed,
cheating/copying answers via mobile phone messaging and his paper was got cancelled,
secondly, the post of "Micro Fo rm Technician" was re-designa ted as Data Entry Operator,
because the earlier position had become obsolet e, on having lost its utility for the National
Assembly Secretariat ("the S ecretariat"); the newly designe d post was also subsequently
advertised and the petitioner did not participate in second round.
4. After having heard the petition at consid erable length, we reserved the same for
judgment, when an application, bearing C.M.A No.2517 of 2013, was filed seeking rehearing of
the petition or allowing placement of certain documents on record.
5. The perusal of the documents appended with the memo. of petition reflect that earlier the
petitioner had been pursuing his lis before the civil court and ther eby, after availing all remedies
of civil nature, file d the instant petition.
6. The referred to advertisement stipulated the requisite qualification F.Sc./Intermediate
(Science) and an experience in "MICROFORM / MICROFILMING" with maximum age of 25
years. The documents appended with the petiti on however reveal that the petitioner did his
Intermediate in Arts/Humanities Group and was 35 years old at the relevant date. The learned
counsel could not controvert when confronted that stipulated qualifi cation for the job was
Intermediate (Science) with Chemistry and Physics.
7. We also considered the documents subsequently submitted: two certificates showing an
experience of "Broadcast Techni cian" are already filed with th e petition, copy of notification
dated 27th May, 1993, which stipulates the qualifica tion for the proposed post, i.e. "F.Sc. with
Chemistry and Physics or Intermediate or equiva lent and training or experience in microfilming
preferable" and document for a relaxation in an upper age limit, i.e. an "OFFICE
MEMORANDUM" dated 24th June, 2010, issued by the Deputy Secretary "Establishment
Division, Cabinet Secretariat Govern ment of Pakistan, Islamabad":
8. The aforesaid documents are not relevant in the petitioner's case, for simple reason that
the said notification is in respect of appointment s to be made in the "D epartment of Libraries
under the Ministry of Education" , which could not be applied for recruitment in "National
Assembly Secretariat". The office memorandu m (supra) provides five years general age
relaxation and three years for candidates belonging to Sindh rural and Balochistan; and even if
we add both such age relaxations together it makes eight years, but still the peti tioner was over-
age.
9. The petitioner just to strengthen his case ma naged to also obtain a belated certificate
dated 12th November, 2010 in respect of his receiving fifteen days, "BASIC MICROFILMING
TRAINING" with effect from 28t h October, 2010, however, in the referred to advertisement the
cut off date was 30th July, 2010, on which date th e petitioner did not have any experience as
prescribed for the proposed vacancy.
10. The comments filed by the respondent state that the proposed vacancy of "MICROFORM
TECHNICIAN" has been re-designated and abol ished for having lost its utility for the
Secretariat. The question of co mpetence of the Government in respect of prescribing the
qualification for a particular post has already been dealt with by this court in an unreported case:
Shazia v. Government of Balochistan, in C. P. No.738 of 2012, relevant para whereof is
reproduced as under:---
"The government is competent to prescribe th e qualifications for a pa rticular post and in
prescribing stipulated qualific ation a scientific development and increasing technical know-how
cannot be ignored. The eligibility of a candidate has to be determined in accordance with the
advertisement for the post, serv ice rules governing the appointment and any instruction hacked
by law and rules framed there under. A non qualified person cannot be appoi nted to a particular
post and it would not be in the interest of stude nts and institution. Appointment cannot be made
in violation of requisite qualifica tion. We are fortified in view of dictum rendered by the Hon'ble
Apex Court in following cases:---
Dr. Muhammad Hussain v. Principal, Ayub Medical College, (PLD 2003 SC 143).
Government of Punjab through Secretar y (S&GAD) Lahore v. Zafar Maqbool Khan and
another, (2012 SCMR 686)."
11. The petitioner did not have the requisite qualif ication for the advertised post and as such
could not be appointed ther eto. Moreover, the authority had a bolished the said post, which
was a matter within its discre tion. The question of reserved quota for Balochistan need not to be
attended since the peti tioner did not possess the requisite qualification.
Therefore, we are of the c onsidered view that the petitio ner has no right for the relief
claimed, and for the foregoing reasons, this pet itioner is dismissed with no order as to cost.
AG/5/Bal. 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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