' FAZAL-E-MIAN CHAUDHAN, J---Through this writ petition the petitioner seeks direction in the name of respondent No,2 to entertain the application of the petitioner in the newly held interview and regularize the service of the petitioner.
2. Petitioner is serving as a casual teacher in Wapda Public Girls School, Muzzafargarh since 1-11- 1999, running and controlled by respondent No,2, petitioner is getting salary from the respondent.
On 22-7-2004 respondent No,2 advertised in daily Jang, for applications for fresh appointment of new female teachers; beoause the school was upgraded, petitioner submitted an application for the post so advertised in the daily Jang, but her application was not accepted by respondent No,2 on the pretext that they want to select new teacher and not regularized the previous staff. Instead of accepting her application she was ordered to be removed from service.
3. It is argued that partial attitude of the respondent is violative of the Article 4 of the Constitution of Islamic Republic of Pakistan 1973. Every citizen is required to be dealt in accordance with law shall also be provided equal opportunity to compete with others candidates, the behaviour and conduct of the, respondent No,2 is against the principle of natural justice. By verbal order he refused to entertain the application of the petitioner; the petitioner possess equal qualification and deserve to be dealt equally in accordance with law and Constitution of the Islamic Republic of Pakistan, 1973.
3. Conversely learned counsel for respondent argue that writ petition is not maintainable against the officers of limited Company i,e, National PolVer Generation Company Limited-III, a subsidiary concern of Pakistan WAPDA Act, 1958. The writ petition is not maintainable against a person other than a natural and legal entity. The said Generation Company (Genco-III) has set up a private educational institution at power station WAPDA, Muzaffargarh for imparting education. The said institution is being run by WAPDA for primary education Girls Student of WAPDA employees. The school has been upgraded to middle level for boys and girls separately. The Middle school is being run by the employees of Thermal Power Station Muzaffargarh on self help basis. The newly created posts of :teaching staff are to be recruited fulfilling the services criteria, qualification and on merits as required under rules of the department. The teachers already working as volunteers are entitled to compete if otherwise eligible. The new appointments are to be made on contract basis for one year; there were four applicants, after short listing the list, only those were called who were throughout 1st class for written test to be held on 11-12-2004, and only those who secured 50% marks in test were called upon for interview on 30-12-2004. Thereafter recommendations of selection Board were conveyed to the concerned quarters for issuance of appointment letter. The petitioner and others met the Federal Ministry for Education for their conversion to contract employees. It was conveyed to the Minister that request of casual volunteer teacher for conversion as contract employee cannot be acceded to. The petitioner was within her right to compete with other candidates. The petitioner is not permanent employee of Govt. Nor she had any legal right and the law. She works on daily wages and gets the salary for the work done. Petitioner's application was not considered because she was not 1st Division throughout, she passed two 1st Division and two 2nd Division in her academic career. Since she does not qualify. She was not considered by the respondent No, 1.
4. I have heard the learned counsel for the parties.
5. Admittedly, respondent No,2 is Chief Executive of a Private Limited Company, a subsidiary concern of respondent No,
1. He cannot be sued in his personal capacity. The writ petition is not maintainable against respondent No,2 and 3, Even otherwise, the petitioner is employed in the Primary School on daily wages. The petitioner instead of competing with other candidates made a representation through Federal Minister for Education moved an application for conversion of her post to as contract employee. This request of the petitioner was rightly declined by the respondent.
She cannot be allowed to enter through the backdoor having less qualification. There is no infringement of any fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. I see no merits in this Writ Petition, the same is hereby dismissed.