Brief facts giving rise to the present writ petition are that the respondent DCO Khanewal invited the applications for the appointment of Educators in different Schools of District Khanewal. The petitioner applied for the post of Senior Elementary School Educator (Arts) against a vacant post at Govt. Girls Middle School 54/15-L Mianchannu District Khanewal. She having educational career of first Division from Matric to B.Ed annexed all documents with her application. The merit list was prepared by the Recruitment Committee headed by Respondent No,
2. According to the said merit list, the petitioner was placed at Serial No, 3 while Respondent No, 4 Mst. Kaukab Jahan was placed at Serial No,
5. Two applicants, namely, Uzma Chand and Qaisra Anjum placed at Serial Nos, 1 & 2 of the merit list, were not joined as they opted to join at some other place, therefore, instead of appointing the petitioner, Respondent No, 3 appointed Respondent No, 4 as SESE (Arts). The petitioner approached Respondent No, 2 for the redressal of her grievance but he paid no heed to the same. Hence, this writ petition.
2. On 19.11.2004, comments were called from Respondent No, 3 which have been filed, wherein it is stated that a provisional merit list was compiled and the petitioner was placed at Serial No,
3. After the process of interview a final merit list was prepared. In the final merit list, the petitioner was placed at Serial No, 4 whereas Respondent No, 4 was placed at Serial No,
3. As candidates at Serial Nos, 1 and 2 joined some other stations, Respondent No, 4 being senior in the final merit list was appointed after awarding 10 additional marks on the basis of Union Council of school in accordance with the recruitment policy.
3. It is contended by learned counsel for the petitioner that the petitioner secured 60 marks without 10 additional marks on the basis of Union Council of the school whereas Respondent No, 4 inspite of calculating 10 additional marks on the basis of the Union Council of the school secured 57 marks but the respondent Selection Committee with mala fide intention gave 5 marks of interview to Respondent No, 4 and gave one mark of interview to the petitioner and issued appointment letter in favour of Respondent No, 4 and this act of the respondents has deprived the petitioner of her valuable rights. He while placing reliance on. Muhammad Azam vs. Senior Superintendent of Police, Lahore (2002 PLC (C.S.) 712), has argued that the selection solely on the basis of interview without regard to performance in written examination could not be said to be an acceptable mode of selection because in that case Appointing Authority would have absolute discretion to reject or accept a candidate at its sweet-will and, therefore, the act of the respondent is in violation of the mode of selection determined by this Court in the said citation. As such, he prayed that this petition may be accepted and Respondents Nos, 1 to 3 may be directed to appoint the petitioner as SESE
(Arts) in Government Girls Middle School Chak No, 54/15-L Mian Channu District Khanewal instead of Respondent No, 4.
4. The learned Additional Advocate-General has supported the comments filed by Respondent No, 3 DEO (W) Khanewal who is present in Court. He further stated that the factual controversy is involved in this case which cannot be resolved in writ jurisdiction.
5. I have heard learned counsel for the petitioner as well as the learned Additional Advocate- General and perused the comments submitted by Respondent No, 3.
6. It is an admitted position that the petitioner secured 60 marks and Respondent No, 4 secured 57 marks. The only grievance of the petitioner is against the mode of selection on the basis of interview and in this regard, he has relied upon Muhammad Azam vs. Senior Superintendent of Police, Lahore (2002 PLC (C.S.) 712). The facts of the case cited by learned counsel for the petitioner are different from the facts of this case, therefore, the above-referred authority cannot be relied upon. Even otherwise the factual controversy is involved in this case which cannot be resolved in writ jurisdiction.
7. On being questioned the DEO(W) present in Court informed that no other post of SESE (Arts) is available at present and the mode of selection adopted by the recruitment committee is in accordance with the policy of the Government.
8. In view of the circumstances of the case and placing reliance on Mst Kaniz Fatima through Legal Heirs vs. Muhammad Salim and 27 others (2001 SCMR 1493), Muhammad Afzal and others vs. Government of Pakistan and others (1987 SCMR 2078), Muhammad Younas Khan and 12 others vs. Government of NWFP through Secretary, Forest and Agriculture, Peshawar and others (1993 SCMR 618), Messrs Elahi Cotton Mills Ltd. and others v. Federation of Pakistan through Secretary M/0 Finance, Islamabad and 6 others (PLD 1987 SC 582) and Messrs Ittehad Cargo Service and 2 others vs. Messrs Syed Tasneem Hussain Naqvi and others (PLD 2001 SC 116), no interference can be made for the appointment of the petitioner through he Constitutional petition as Senior Elementary School Educator (Arts) in Government Girls Middle School Chak No, 54/15-L Mian Channu District Khanewal. As such this writ petition is dismissed. No order as to costs.