' SYED ZAHID HUSSAIN, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 a direction is sought to respondent No,1, "requiring him to implement the recommendation of the Selection Committee and to issue formal order of appointment to the petitioner without any, further delay". The petition arises in the background briefly stated as under.
2. Respondent No,1 had advertised the filling up of some vacancies including the posts of Tehsil Officer (Finance) through notice published in the national press i,e, Daily "Nation" and "Khabrain" of 1-9-2005. Considering himself eligible for the post the petitioner applied for the post of Tehsil Officer (Finance). He was directed to appear in the written test/examination vide letter dated 3-10- 2005 whereafter he was issued an intimation dated 21-11-2005 to appear for interview before the Selection Committee on 7-12-2005. It is his case that according to the merit list he stood at serial No,31. The appointment letter was not however issued to him on the ground that he did not possess the requisite qualification. The matter was referred by the respondent-Department to the Higher Education Commission, Islamabad as to whether the qualification of BBA (which the petitioner was claiming to have possessed) was equivalent to B.Com/ACMA/CA/MBA (Finance) and whether University of Central Punjab was recognized/affiliated by any of the Government University or otherwise. Since the petitioner also pursued the matter, he was issued and addressed letter dated 31-1-2006 by the Higher Education Commission stating that "A Bachelor of Business Administration and Information Technology with major in Finance completed in 4-years and upon qualifying 133 credit hours with admission requirement as 'Intermediate' from University of Central Punjab, Lahore is considered as equivalent to corresponding 4-years Bachelor's/Master of Business Administration and Information Technology with specialization in Finance degree of MBA held after 2-years of post BA/B.Sc. Studies involving 16-years of schooling as awarded by other chartered universities/institutions of the country." Despite that he was not issued the letter of appointment. It was in this background that the non-issuance of appointment letter to the petitioner has led him to file the present petition.
3. The learned counsel contends that since the petitioner possessed the requisite qualification which was equivalent of MBA and had been issued call letters for written test and interview and reference by the Department had also been made to the Higher Education Commission, he could not be denied the appointment on the ground that he did not possess the requisite qualification, particularly when the Higher Education Commission had certified that his qualification was equivalent to the one required for the post applied for by him. Relies upon Chairman, Selection Committee/Principal, King Edward Medical College, Lahore and 2 others v. Wasif Zamir Ahmad and another (1997 SCMR 15) for this purpose.
4. The learned counsel for the Department as also the learned Additional Advocate-General, Punjab refers to the qualifications mentioned in the Rules and the advertisement published in the newspaper and contend that the candidates possessing only those qualifications which were mentioned in the rules and the advertisement were eligible to apply and could be appointed to the post and not those who had equivalent qualification. It is contended that mere issuance of call letters does not vest the petitioner with any enforceable right.
5. Through the advertisement published in the daily 'Nation' dated 1-9-2005 some posts were sought to be filled up by the Local Government and Rural Development Department, Government, of Punjab Serial No,3 relates to the post for which the petitioner made application. It is as follows:-- ' The advertisement is said to be consistent with the rules on the subject i,e, Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005 which were notified on 30-7-2005. Rule 3 envisages establishment and composition of the "Service" whereas appointment to the "Service" is taken care of by Rule 4 of the said Rules. According to sub rule (2) appointment by initial recruitment is to be made in accordance with Rule 5 and appointment by promotion and transfer/posting in accordance with Rule 6. Thus Rule 5 deals with initial recruitment. Clause (i) of its sub-rule (2) insists that "a candidate for initial recruitment to the post must possess the educational qualification and experience as laid down respectively in column 6 of the table''. At serial No,8 of the Table is mentioned the post of T.O. (Finance) for which the petitioner had applied for The requisite qualification for the same mentioned in column No .6 is "M.
Corn from recognized University or ACMA/CA" It continued so till an amendment was brought forth in the Rules, on 5-9-2005 when the qualification mentioned in column No,6 for the post was substituted by "B.Corn. (2nd Division) from a recognized University or ACMA/CA/MBA (Finance)."
Though such a substitution was made through Notification dated 5-9-2005 yet the advertisement, which had been published in the newspaper dated 1-9-2005 mentioned the same qualification for the post. It appears to be anomalous as to how such a qualification could be mentioned in the notice published in the newspaper, which had yet to be introduced by making amendment in the Rules, at a future time. A However, since the controversy involved in this case can be resolved without dilating upon this aspect of the matter, I feel no necessity of embarking upon the discussion thereabout any further.
6. It is correct that notice dated 1-9-2005 pursuant to which the applications were invited from the candidates for filling up the posts of Tehsil Officer (Finance), the qualification mentioned therein is "B.Com (2nd Division) from a recognized University or ACMA/CA/MBA (Finance)." It does not make mention of any equivalent qualification. Nevertheless the petitioner who had applied for the post on the basis of his qualification of BBA-II (Honours) degree in 2nd Division from the University of Central Punjab, Lahore had been issued the call for written test/examination. He on passing the same was issued interview call and was also asked to bring "original credential along with one photocopies of your educational experience certificate, domicile and National Identity Card etc. "He passed through all the stages that is why his name was brought on the merit list at serial No,31. This merit list was finalized in the meeting held on 10-12-2005 of the Punjab Local Goverrunent Board under the chairmanship of Secretary, Local Government and R.D. Department. The petitioner wgs one of the reconunendees of the Board also (at serial No,31 of the list). Ordinarily it should have followed a formal letter of appointment to be issued to him since he had been able to achieve placing on merit, it however, was not so, apparently for the reason that the qualification of the petitioner i,e, BBA (Honours), did not figure in the advertisement issued in the press. A "clarification." was therefore sought by the Secretary, Punjab Local government Board vide letter dated 31-12- 2005 addressed to the Chairman Higher Education Commission, Islamabad to the effect that:-- "2.The prescribed qualification for the post of Tehsil Officer (Finance) BS-17 in the Accounts Functional Unit of Local Government under the Punjab Local Government District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005 is as under:-- "B.Com. (2nd Division) from a recognized University or ACMA/CA/MBA (Finance)".
3. A candidate having qualification of B.B.A. Has applied for the abovementioned post. In addition to that another candidatehaving qualification of M.B.A. (Executive) has also applied for the said post. A question has arisen as to whether the qualification of B.B.A. And M.B.A. (Executive) is equivalent to the prescribed qualification for the post of Tehsil Officer (Finance) mentioned above or otherwise.
4. Photostate copies of B.B.A. (Honours) and M.B.A. (Executive) of M/S Rana Saqlain Mehmood and Muhammad Khan are enclosed herewith for ready reference. It is pointed out that the University of Central Punjab has certified that the degree of B.B.A. (Honours) is superior than B.Com(Copy enclosed).
5. It is, therefore, requested that this office may kindly be advised as to whether the qualification of B.B.A. And M.B.A. (Executive) is equivalent to B.Com/ACMA/CA/MBA (Finance) i,e, the prescribed qualification for the post of Tehsil Officer (Finance) or otherwise. It may also be intimated as to whether the University of Central Punjab is recognized/affiliated with any of the Government University or otherwise."
' Though the learned counsel for the respondents and the learned Law Officer of the Province state that no reply was received from the Higher Education Commission to the abovementioned clarification, yet letter dated 31-1-2006 addressed to the petitioner by the said Commission is as follows:-- "Subject. Equivalence of Bachelor of Business Administration and Information Technology (Honours) with major in Finance transcript from University of Central Punjab, Lahore ' Dear Sir, ' With reference to your application dated January 30, 2006 on the subject. It is informed that the University of Central Punjab, Lahore is a chartered university in private sector. A Bachelor of Business Administration and Information Technology with major in Finance completed in 4-years and upon qualifying 133 credit hours with admission requirement as 'Intermediate' from University of Central Punjab, Lahore is considered as equivalent to corresponding 4-years Bachelor's/Master of Business Administration and Information Technology with specialization in Finance degree or MBA held after 2-years of post BA/B.Sc. Studies involving 16-years of schooling as awarded by other chartered universities/institutions of the country".
' This letter shows that the qualification of the petitioner was equivalent to the one prescribed for the post he had applied for. It may be observed that the contents of the letter dated 31-1-2006 which was addressed to the petitioner by the Higher Education Commission have not been disptated by the respondents. The question, therefore, that arises is that if therd was no scope for any "equivalent" qualification for the post why the petitioner was continuously involved in the whole process and why then the above clarification was sought by the respondents-Department from the Higher Education Commission. No satisfactory explanation/reply is forthcoming. The reliance of the learned counsel for the respondents-Department upon a letter of the Punjab Public Service Commission (p.61 of Punjab Esta Code) is also inapt for the same reasons. All these steps were taken consciously by the respondents Department after due scrutiny and satisfaction about the qualifications of the petitioner and they were up to the finalization of selection process prepared to treat him having possessed the requisite qualification, if so certified by the Higher Education Commission. The petitioner had thus earned legitimate expectancy, which he could not be denied by later change of course by the respondent-Department. After having taken all these steps and proceedings, it does not behave the respondent-Government Department to retrace its steps and deny the petitioner the right acquired by him. The whole process undertaken by the Department in particular the reference to Higher Education. Commission, could not be rendered nugatory and meaningless by subsequent change of mind to the disadvantage of the petitioner. Having passed the written test and interview and gone through the whole process he cannot be denied the appointment on the ground that he does not have the requisite qualification. That in such circumstances when a person comes on the merit list as a result of thorough selection he acquires a right to appointment is supported by the precedents by the superior Courts. Reference in this context may be made to Muhammad Ismail and others v. Secretary Education, Government of Punjab and another (2000 PLC (C.S) 112 LHC), Secretary of Government of N.-W.F.P., C&W Department and 3 others v. Jamal Abdul Nasir (2003 PLC (C.S) 977 Supreme Court of Pakistan), Muhammad Naeem Sadiq v. Board of Intermediate and Secondary Education, Gujranwala through Chairman and others (2003 PLC (C.S.) 1309 LHC) and Ikramulah Saeed v. Chief Secretary government N.-W.F.P. Peshawar and 3 others (2004 PLC (C.S) 626 PHC).
7. The whole edifice of governance of the society has its genesis in the Constitution and laws, aimed at to establish an order inter alia ensuring the provision of socio-economic justice so that the people may have the guarantee and sense of being treated in accordance with law that they are not being deprived of their due. The objectives resolution which D by virtue of Article 2-A of the Constitution of Islamic Republic of Pakistan, 1973 is now substantive part of the Constitution.
Fundamental Rights guaranteed under Chapter-I, Principles of Policy mentioned in Chapter-2 of the Constitution read with the provisions of Article 4 have such a rationale and objective. This Court, which is creation of the Constitution itself is obliged to administer and dispense justice to all be it an ordinary citizen or the Government Department. It is the duty of the Court to adjudicate a matter as far as possible, consistent with the provisions of the Constitution and the law applicable.
Article 18 of the Constitution of Islamic Republic of Pakistan, 1973 lays down as follows.
"18. Subject to such qualifications, if any as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct and lawful trade or business: Provided that nothing in this Article shall prevent---
(a) the regulation of any trade or profession by a licensing system; or
(b) the regulation of trade, commerce or industry in the interest of free competition therein; or
(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business industry or service, to the exclusion, complete or partial, of other persons."
' In the context of this case, since the petitioner fulfilled the requisite qualification, criteria and had successfully passed through all the stages of selection and had come on merit, he acquired a right entitling him to appointment. ' may be observed that if we have to give primacy and efficacy to the rule of meritocracy then such technicalities need to be shunned. Any such action of Gvernment, which may have the effect of marring the future of someone cannot be countenanced, being unreasonable and unfair. Thus keeping all this in view the petitioner is entitled to the direction sought for by accepting his petition.##TE# ' The writ petition is accepted accordingly. At the stage of admitting this petition, the respondent- Department was directed to keep vacant one post, the respondent will now issue him appointment letter for the said post. No order as to costs.