Brief facts leading to this writ petition are that the petitioner applied for the post of Assistant Professor (OBST & GYNAE) on current charge basis in pursuance of advertisement in the daily 'Dawn' dated 2.11.2007, could not be appointed; submitted a representation but with no result, whereas Respondent No, 4 Dr. Shazia Saheen was appointed and according to learned counsel for the petitioner this appointment was an outcome of pick and choose, whims and modes particularly when Respondent No, 3 Principal is admittedly related to Respondent No, 4, which caused a serious prejudice to the petitioner, who approached the Secretary (Health), Government of the Punjab/Respondent No, ,1 for rectification of wrong and finally through order dated 29.4.2008, the petitioner was appointed as Assistant Professor on current charge basis at Punjab Medical College, Faisalabad for a period of one year. Further submits that due to petitioner's appointment, Respondent No, 4 Dr. Shazia Shaheen's appointment order was withdrawn which annoyed Respondent No, 3 who did not permit the petitioner to join against the post of Assistant Professor despite clear cut order passed by Respondent No,
1. Adds that Respondent No, 5 Dr. Shaista Talib applied for the post of Assistant Professor after the cut of date but on the recommendations of Raja Riaz Ahmad, Senior Minister Punjab. she got order dated 10.5.2008 and was appointed against the post where the petitioner was already appointed by the Secretary (Health), Government of the Punjab. The learned counsel for the petitioner further submits that on page-19 (annex-J) of his writ petition is a sufficient proof of political pressure's exertion through Raja Riaz Ahmad, Senior Minister Punjab by Respondent No, 5, which is a sufficient ground for the interference in the impugned matter. In response to the Court's notice Respondent No, 3 Principal is present in Court and explained the entire situation, which reflects the helplessness of the Principal in front of Politicians, MNAs, MPAs and Ministers.
2. The Principal categorically states that the petitioner as well as Respondent No, 5 did exert political pressure through different means and despite his resentment he could not resist.
3. It is a really shocking and alarming situation. The Hon'ble Supreme Court of Pakistan repeatedly held that the M.N.As/M.P.As/Ministers are no body to interfere in the matter of appointments, transfers, promotions and the employees who exert such like pressure are liable to be proceeded under Efficiency and Discipline Rules being guilty of misconduct but unfortunately the directions of the apex Court which otherwise are mandatory as per provisions of Article 189 of the Constitution of Islamic Republic of Pakistan, 1973 are not adhered to.
4. In the present case the political influence exerted by the petitioner as well as Respondent No, 5 is established hence the petitioner cannot be held entitled for any relief, thus the writ petition is dismissed.
5. So far the appointment of Respondent No, 5 as Assistant Professor on contract basis for one year is concerned, it is established through documentary evidence that the same is also procured through the influence of Minister meaning thereby that Respondent No, 5's appointment was not in the Exigency of service rather on political motivation can also be not remained in the field and accordingly set aside.
6. In the attending circumstances, the Chief Secretary, Government of the Punjab is directed to look into the state of affairs, get his Secretaries of the department realized that they must resist before the political pressures in case of transfers/postings, promotions and appointments. In all these matters, the controversies shall be resolved fairly, justly in a transparent manner. So far the disputed post of Assistant Professor Gynae is concerned, it must be filled through a transparent manner without being influenced from any extraneous pressure within a period of one month positively.