' MAULVI ANWARUL HAQ, J---Respondent No,1 University vide advertisement (Annex.A) invited applications for appointment, inter alia, to the post of Professor for the subject of Agriculture (Entomology). Qualifications required were as follows:-- "Ph. D. With 15 years teaching/researched experience in a recognized University or professional experience in the relevant field in a National or International Organization plus 8 research papers published in Journals of International Repute".
' The petitioner as well as respondent No,4 applied for the said appointment. The Selection Board of the University considered the applications and interviewed the candidates in its meeting held on 13th and 14th of September, 2002 Vide Item No,6 as per minutes of the meeting (Annex.C) the Selection Board found both the said candidates suitable for the said post and recommended that both of them be appointed as Professor of Agriculture (Entomology) against permanent posts on one year probation. It was further observed as follows:-- "On the recommendations of Prof, Dr. G.R. Pasha, Dean, Faculty of Science and Agriculture the Board recommended that the other candidate Dr. Muhammad Aslam who is already working as Associate Professor in the University College of Agriculture may be selected as Professor and accordingly recommended him for appointment as Professor of Agriculture (Entomology) against a permanent post on one year probation. A vacant post of Professor may be transferred to the Department of Entomology from another Department of Agriculture College and Dr. Muhammad Aslam may be appointed against the post. The Board also recommended that Dr. Mushtaq Ahmed Saleem will be senior to Dr. Muhammad Aslam."
' These recommendations were considered by the Syndicate of the University in its meeting held on 21-9-2002. Following decision was taken against SB/Item No,6:-- "After detailed discussion and keeping in view the decision of the Supreme Court of Pakistan as pointed out by the Hon'ble Mr. Justice Ch. Ijaz Ahmad, it was decided that Dr. Mushtaq Ahmad Saleem may be appointed as Professor of Agriculture (Entomology) on one year probation. The other post will be advertised accordingly.
' His pay will be fixed as per Rules".
' Three members of the Syndicate got recorded the following observations pertaining to the said Item No,6:-- "Minutes of the Syndicate regarding the items referred above do not contain the substance of the decision made by the Syndicate in this case, rather the minutes indicate altogether different implications.
' In fact, the House in principle agreed with the recommendations of the Selection Board on the said Item, but to avoid legal repercussions as per decision of the Supreme Court of Pakistan, Mr. Justice Ch. Ijaz Ahmed, Judge, Lahore High Court, Lahore and Hon'ble Member of the Syndicate, advised the House that the appointment of the second selectee, namely Dr. Muhammad Aslam should be made after the post has been duly advertised and the candidate has been interviewed, selected and recommended for appointment. The Hon'ble Member further advised that until such time the above-mentioned needful is done, the appointment of Dr. Mushtaq Ahmad Saleem be withheld.
After Dr. Muhammad Aslam is selected and recommended by the Selection Board for appointment, the appointment of both the candidates i,e, Dr. Mushtaq Ahmed Saleem and Dr. Muhammad Aslam be made therein simultaneously. The Hon'ble Member, however, suggested that Dr. Mushtaq Ahmad Saleem be declared senior to Dr. Muhammad Aslam. Mr. Fayyaz Ahmad Hussain, Member of the Syndicate informed the House that according to the prescribed relevant law and the decision of the Syndicate, a fresh appointee cannot be declared senior to an already in service appointee in any circumstances, whatsoever.
' The House, considering the suggestions given by the two Hon'ble Members decided that pending the issuance of the appointment letter in favour of Dr. Mushtaq Ahmad Saleem one more post of Professor of Entomology be advertised and processed in the shortest possible span an after doing all the needful, the appointment letters in favour of Dr. Mushtaq Ahmad Saleem and Dr. Muhammad Aslam be issued simultaneously."
2. Vide office order dated 5-10-2002 (Annex.F) respondent No,4 was appointed as Professor of Agriculture (Entomology) in the University College of Agriculture against a permanent post on one year probation with effect from the date of joining. Present writ petitign was filed in this Court on 9- 10-2002. On 22-10-2002, after noting the contentions of the learned counsel for the petitioner, official respondents were called upon to file report and parawise comments while notice was issued to respondent No,4. The said comments have been filed and the respondent No,4 has also filed his written statement.
3. Mr. Abul Sattar Goraya, Advocate, learned counsel for the petitioner contends that whereas his client had done his Ph.D in Entomology, respondent No,4 has done his MD in Zoology and since basic qualification was not there, he is not authorized to hold the said office and his appointment is illegal and void. He relies on an unreported judgment dated 12-1-1991 of the Hon'ble Supreme Court of Azad Jammua and Kashmir to urge that a person holding a degree in Zoology cannot be appointed as Professor of Entomology. Mr. M.Tariq Rajwana, Advocate, for respondents No,1 to 3 while asserting that respondent No,4 did possess the requisite qualifications informs that the petitioner has since been appointed as a Professor of Agriculture (Entomology) in the University College of Agriculture against a permanent post on one year probation with effect from 12-4-2003, vide office order dated 15-3-2005 (Annex. RA to the written statement of respondent No,4). Syed Aqa Asif Jafri, Advocate, learned counsel for the respondent No,4 vehemently argues that the writ petition is wholly misconceived. There is no concept of Ph.D in Entomology or Zoology. Whereas the petitioner possesses a Master's degree in Entomology from a University of Kansas USA, his client has obtained a degree in M.Sc. Agriculture (Applied Entomology) from U.K. His Ph.D. Was also research based on Entomology but from the Department of Zoology. According to the learned counsel his client is fully eligible for the said appointment.
4. Upon query Ch. Abdul Sattar Goraya, Advocate, admits that his client has since been appointed to the said post as is being .Urged on behalf of the respondent-University. He however, urges that emoluments have not been paid to him since the date of his appointment.
5. I have gone through the file of this case. Both the said candidates are possessed of Masters degree in the said subject of Entomology. Now upon my query, the petitioners present in Court informs that the thesis written by him was pertaining to the effect of planting date on the infestation of sunflower moth. Respondent No,4 who is also present in Court informs with reference to the certificate issued by the University of Punjab that his thesis which was approved was "Toxicological Studies on Synthetic Pyrethroids Against Red Flower Beetle, Tribolium Castaneum (Herbest) (Coleoptera: Tenebrionidate)", Now whereas Entomology is primarily a study of forms and behavior of insects, Zoology is scientific study of animals with reference to their structure, physiology, classification and distribution.
6. Now both the candidates have studied Entomology and are possessed of Masters degrees in the said subject. The thesis on the approval whereof their respective doctorates are based pertain to Entomology without any shadow of doubt, the petitioner having researched the sunflower moth while the respondent No,4 having researched reversal insects mentioned above. The Selection Board found both the persons suitable. There is no denial that only one post was advertised earlier and subsequently, second post was advertised. The petitioner applied and was selected and ultimately appointed to the said post.
7. Now so far as the said judgment of Hon'ble Supreme Court of A.J.K. Is concerned, the basic qualification was Masters degree. The appellant before their Lordships had a degree of M.Sc.
Zoology but insisted that he had studied Entomology as well whereas the person appointed was M.Sc. Entomology. It was in the said background that it was held that the appellant before their Lordships is not entitled to be appointed. Nothing turns on the said judgment in favour of the petitioners to be without any force and is accordingly dismissed without any orders as to costs. #TBS 8. For all that has been discussed above, the writ petition is foundl #TBE