' SYED ZAHID HUSSAIN, J.--- The two ladies belonging to the noble profession of medicine have invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 through two separate petitions. Writ Petition No,5846 of 2007 is by Dr. Farrah Atta, who was appointed as a Woman Medical Officer on contract basis at Rural Health Centre, Darya Khan, Bhakkar vide letter dated 11-6-2003. The salient feature of this offer of appointment was that it was non-transferable and she had to undergo an essential training program as prescribed by the Department. She was recommended for such a training and proceeded to King Edward Medical College University, Lahore, as is evident from letters dated 2-6-2006 and 19-6-2006. She was required to submit a surety bond which she did. On completion of her postgraduate training and repatriation, she was posted at Rural Health Center, Dullewala, Bhakkar vide order dated 5-4- 2007. She made a representation against such posting as, according to her, she was entitled to be posted at her original Rural Health Center, Darya Khan from where she has proceeded for training.
Her representation was accepted by the Government of the Punjab , Health Department on 20-4- 2007 observing that she had to be posted back to her original Rural Health Centre (Darya Khan).
Accordingly, order dated 30-4-2007 was issued by the Executive District Officer (Health), Bhakkar adjusting her as Woman Medical Officer at Rural Health Centre, Darya Khan against her original post from where she proceeded for postgraduate course. It was agitated by Dr. Imra Sabahat Khan before the leaned District and Sessions Judge/Chairman Human Rights, Bhakkar Which complaint was processed and, disposed of vide order dated 30-5-2007. The sum and substance whereof was the interference with the posting order of the petitioner. This petition has been filed by Dr. Farrah Atta in this context.
2. Writ Petition No,6509 of 2007 is a petition by Dr. Imra Shabahat Khan, who was appointed as Woman Medical Officer at Rural Health Center, Darya Khan on 30-10-2006. She had been performing duty at that Centre. However, on 30-4-2007 the posting order of Dr. Farraha Atta was made on completion of her training and repatriation for Rural Health Centre, Darya Khan. It was on her move that order dated 30-5-2007 was passed by the learned District and Sessions Judge, Bhakkar and is subject matter of the petition tiled by Dr. Farrah Atta. After the interim order dated 11-6-2007 was passed by this Court, an order dated 16-6-2007 was issued allowing Dr. Farrah Atta to continue at Rural Health Centre, Darya Khan. The same is sought to be assailed through this petition.
3. Report and parawise comments have been received in both the petitions whereas the contesting parties are also represented.
4. An important issue as to the assumption and exercise of jurisdiction by the learned District and Sessions Judge in a matter of posting and transfer of the parties has arisen. There is no doubt whatsoever that the Courts assume and exercise jurisdiction as is "conferred on it by the Constitution or by or under any law". This is the mandate of Article 175(2) of the Constitution of the Islamic Republic of Pakistan, 1973. This aspect has elaborately been dealt with by Justice (R) Fazal Karim in "Judicial Review of Public Actions" volume-1, the relevant discussion at page 366 is as follows:--- 'Jurisdiction' merits the power to hear and determine a cause.
' In the context of a written Constitution, "Jurisdiction" expresses the concept of the particular res or subject-matter over which the judicial power is to be exercised and the manner of its exercise. It denotes the authority for the Courts to exercise judicial power. It is the legal authority which a Court has to decide matters that are litigated before it.
' Thus, considered with reference to the sources from which it is derived, 'jurisdiction' may be defined as the authority conferred by the Constitution or by or under any law upon a Court to hear and determine causes between parties, that is to say, exercise the judicial power of the State in relation to them."
' The subject-matter of the instant litigation concerned with the terms and conditions of service of the two contesting parties. By no stretch of imagination, it could fall within the ambit of jurisdiction of the learned District and Sessions Judge to interfere in such a matter. His interference in such a matter was unwarranted. Thus the proceedings taken and ultimate order passed by him on 30-5- 2007 is liable to be declared as the one without lawful authority and of no legal effect. Reference, in this context, may be made to Sindh Employees' Social Security Institution v. Dr . Mumtaz Ali Taj and another PLD 1975 SC 450.
' The operation of order dated 30-5-2007 was suspended by this Court on 11-6-2007 whereafter order dated 16-6-2007 was issued by the Executive District Officer (Health), Bhakkar allowing Dr. Farrah Atta Qazi to continue working at Rural Health Center, Darya Khan and Dr. Imra Sabahat Khan was posted at Rural Health Center, Dullewala. The undeniable fact of the matter is that both the ladies are on the job serving the humanity but at different health centers. Incidentally both of them wish to be posted at Rural Health Centre, Darya Khan for their own reasons. Be that as it may, since order dated 30-5-2-007 passed by the learned District and Sessions Judge, Bhakkar is of no legal efficacy, order dated 30-4-2007 passed by Executive District Officer (Health), Bhakkar revives. If, for any reason, Dr. Imra Sabahat Khan feels aggrieved of the same, she may agitate the matter before the departmental authority/ proper forum, who may consider her grievance in accordance with law and the extant policy. Suffice it to observe that the time consumed in the litigation will not stand in the way of the proper forum in considering the matter strictly on merits. In view of the above, Writ Petition No,5846 of 2007 is accepted whereas Writ Petition No,6509 of 2007 is disposed of in the above terms.