' SAIF-UR-REHMAN, J.--- Chancellor Bahauddin Zakariya University, Multan was pleased to grant approval of the statute conveyed vide letter No, SO/(UNIV) 6-8/92 Government of the Punjab Education Department dated 17-5-1993 to the Registrar, Bahauddin Zakariya University, Multan which reads as under:--- "Those Library Assistants (BPS-16) who possess/acquire Master's Degree in Library Science will be upgraded to BPS-17 and re-designated as Assistant Librarians"
2. The approval of the above statute is not disputed by respondent.
3. Grievance of the petitioner voiced through this constitutional petition is that each of them possessed the requisite qualification, hence, they were entitled to the benefit granted by the said statute which was being denied by respondent. It was also contended that on the same basis, posts of 10 of their colleagues mentioned in para. No, 6 of this petition were upgraded and likewise 6 others described in para.7 were also allowed the same benefit. This discrimination on the part of the respondent amounted to exploitation and was violative of fundamental rights of the petitioners guaranteed by the Constitution of the Islamic Republic of Pakistan. It was prayed that the respondent-University may be directed to implement the statute approved by the Chancellor by upgrading the petitioners from BPS-16 to BPS-17.
4. Opposing the petition learned counsel for the respondent challenged the maintainability of this petition. It was pointed out that the matter was considered by the Syndicate of University and following verdict was given:--- "Honourable Mr. Justice Nazir Ahmed Siddiqui apprised the House that circumstances leading to framing of the statute "those Library Assistant BPS-16 who possess/acquire Master's Degree in Library Science will be upgraded to BPS-17 and re-designated as Assistant Librarian" with particular reference to the proceedings of the meeting of the Syndicate, Senate, Statutes Committee and finally the approval of the Chancellor vide notification dated 5-8-1993. It is also stated by his Lordship that the request of six library Assistants (appointed against six permanent posts of Library Assistants on the recommendations of the Selection Committee on 2-12-2003 on one year probation) for upgrading their posts to BPS-17 and re-designating the same as Assistant Librarian on the ground of Master's Degree in Library Science from the date of their appointment i,e, 2-12- 2003 is not justified. The Honourable Judge has given cogent reasons in this regard with facts and figure. However, it is suggested that keeping in view completing of service for a period of 2-1/2 years (including one year probation) with satisfactory performance, this house being in its parental jurisdiction, if deem proper and just, may grant the requisite relief w,e,f, today (20-5-2006) in the context of above referred Statute. The House agreed to the above proposal.
' Resultantly, six posts of Library Assistant (BPS-16) along with incumbents possessing/acquiring Master's Degree in- Library Science are upgraded to BPS-17 and re-designated as Assistant Librarian w,e,f, today i,e, 20-5-2006.
The House further resolved that in further all vacant posts Library Assistant (BPS-16) should be upgraded to Assistant Librarian (BPS-17) in the budget and recruitment of library staff be made through Selection Board instead of Selection Committee."
5. It was maintained that since the House had resolved that, henceforth, all vacant posts of Library Assistant shall be upgraded to the Assistant Librarian the budget and recruitment of the Library Staff shall be made through Selection Committee, therefore, the matter, had been settled once for all and that the petitioners could move applications to be appointed against the upgraded posts by participating the open competition for' which applications had been invited and that the petitioners had failed to do so, hence were not entitled to be considered favourably. Reliance was placed on the authority reported in ljaz Hussain Suleri v. The Registrar and another 1999 SCM R 2381, Dr. Zahid Hussain Chohan v Islamia University Bahawalpur and others 2003 M LD 507 and Muhammad Ayyub v. Superintendent of Police Pakpattan and 4 others 2003 M LD 529.
6. I have considered the respective contentions of the parties in the light of facts on record. The petitioners have appended copy of judgment dated 24-3-2005 passed by this Court in Writ Petition No,6071 of 2004 in a similar case which was disposed of with the following direction:--- " To my mind, this matter be better decided by the Syndicate of the University. Both the writ petitions are accordingly disposed of with the direction that this matter be put up in the next forthcoming meeting of the Syndicate for its consideration and decision" .
7. The above quoted statute is still in existence. It has not been withdrawn, hence, is holding the field. As long as the said statute is in existence respondent has no option but to honour the same and consider cases of the officials without any discrimination.
8. The above referred authorities in the presence of the above mentioned judgment of this court and for the reasons discussed above, shall not be applicable to this case. This writ petition, therefore, is disposed of with the direction to respondent to place the case of the petitioners as well before the Syndicate at earliest and till decision of the Syndicate, no appointment shall be made against three vacancies. Parties shall bear their own costs.