' HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition are that the petitioner who joined the Auqaf Department as Khateeb since long was entrusted the duties of Khateeb at Jamia Masjid Darbar Hazrat Data Ganj Bakhsh (R.A.); however, after some days respondent No,3 Mian Saleemullah is posted/appointed as KhateeB Jamia Masjid Darbar Hazrat Data Ganj Bukhsh (R.A.), in place of petitioner which has caused a serious prejudice to the petitioner who assailed the order of respondent No,3's appointment through this writ. The learned counsel for the petitioner submits that respondent No,3 is an alien to the cadre of Mosques Establishment Cadre which is entirely a different cadre than respondent No,3's cadre i,e, Auqaf Academy Establishment cadre and as such respondent No,3 was not even eligible for such appointment thus, respondent No,3's appointment being a violative of Rules, public policy, larger interest of the public is liable to be declared illegal.
2. The learned counsel for the respondents submits that the competent authority commits no illegality by appointing respondent No,3 who otherwise is a very competent and experienced one.
Further submits that it is the domain of the competent authority to appoint someone as Khateeb or not so the petitioner cannot agitate through the writ petition against the appointment of respondent No,3. The learned counsel for respondent No,3 submits that of course his client remained on the strength of Auqaf Academy Establishment cadre but he has 25 years experience at his credit as Khateeb so he is eligible for the said appointment and was rightly appointed.
3. Argument heard; record perused.
4. So far the contention of the learned counsel for the respondents about the domain, competency and the prerogative of the departmental authorities for certain appointments are concerned there is no cavil with this proposition, however, it is well-settled law that if a thing is required to be done in a particular manner it must be done in that manner only and not otherwise.
5. It is also well-settled law that while filling of the posts the rules relating to the appointments must be adhered to and if any appointment is made in deviation to the rules, his appointment cannot be considered a valid appointment in the eye of law.
6. For resolving the present controversy it shall be appropriate to advert to the relevant rules and with the assistance of both the learned counsel I have perused the same, which clearly conveys a message that there are two distinctive/separate cadres i,e, Mosques Establishment cadre of Auqaf Academy Establishment and it is also reflected from the record that the petitioner belongs to the Mosques Establishment since his joining the Auqaf Department whereas respondent No,3 belongs to Auqaf Academy Establishment.
7. The post of Khateeb and that too of Jamia Masjid Darbar Hazrat Data Ganj Bakhsh (R.A.) which is a central place is to be filled from amongst Khateebs' cadre and not from amongst other cadre when there is a clear provision in the rules that this post shall be filled from amongst serving Khateebs with a further condition that "if appointed not from serving Khateebs, the selectee will work as Provincial/Divisional Khateeb for at least one year. Admittedly the petitioner is serving as Provincial Khateeb for the last two years, thus, the petitioner seems to be eligible for contesting the said post, but surprisingly the petitioner who was earlier entrusted the duties of Khateeb of the said mosque was non-suited and respondent No,3 who does not even belong to the Mosque Establishment Cadre is appointed/posted keeping aside the dictates of law"
8. The Honourable Supreme Court of Pakistan in a number of cases held that "the posts should be filled through an open competition and in a transparent manner affording equal opportunity to all eligibles".
9. As per provisions of Articles 189/190 of the Constitution of Islamic Republic of Pakistan, 1973 the judgments of the Honourable Supreme Court of Pakistan are binding on all organs of the State and following the dictum laid down by the apex Court it is held that the post of Khateeb Jamia Masjid Darbar Hazrat Data Ganj Bakhsh (R.A.) was not filled in accordance with the rules rather the well- settled principle of law that "quota of certain cadre cannot be usurped by the members of a different cadre" was violated.
10. In the attending circumstances, it shall be appropriate that the matter be referred to the Chief Administrator Auqaf/Secretary Auqaf, Government of the Punjab with a direction to treat the post of Khateeb Jamia Masjid Darbar Hazarat Data Ganj Bakhsh (R.A.), Lahore as vacant one, consider the eligibles' cases including of the petitioner on its own merits and then the post be filled in without being influenced from any extraneous pressure and particularly in a fair and transparent manner within one month from today i,e, till 6-7-2008. However, it is clarified that till such time the post is refilled, respondent. No,3 shall continue to perform his duties as Khateeb Jamia Masjid Darbar Hazrat Data Ganj Bakhsh (R.A.) as a stopgap arrangement. Respondent No,1 shall convey the final outcome to the Deputy Registrar (Judi.) of this Court on or before 6-7-2008.
11. The learned Assistant Advocate-General Punjab, Lahore who is present in Court shall ensure the compliance of the Court's order.
' Disposed of in the above terms.