SH. AZMAT SAEED, J. --- This Constitutional petition is directed against the order dated 12.08.2009 passed by respondent No. 2 declining the request of the petitioner for grant of extra marks on the basis of experience.
2. Brief facts necessary for adjudication of the /is at hand are; that the respondents initiated the process for recruitment of teachers in Govt. Schools in the Province of the Punjab. In this behalf a notification dated 02.11.2008 was issued in terms whereof recruitment was to be effected on District-wise basis. The petitioner who apparently possessed the requisite qualification applied for two posts. It is the case of the petitioner that under the recruitment policy the petitioner was entitled to extra marks for experience which having once been allegedly granted were withdrawn for the purposes of determination on merit inter se the applicants. In the above perspective the petitioner filed an application before respondent No. 2 seeking the grant of the said marks which was declined by the said respondent vide order impugned dated 12.08.2009.
3. It is the case of the petitioner that he was employed in BS-16 at Abdul Razzaq Fazaya College, PAF, Mianwali from 27.09.2004 to 11.09.2009 and, therefore, entitled to the extra marks on the basis of experience in terms of the recruitment policy of the Government of the Punjab whereunder the recruitment for the posts for which the petitioner had applied was undertaken. It is common ground between the parties that paragraph 7(c) of the recruitment policy is applicable which caters for grant of extra marks for teaching experience in Federal/Provincial Government Schools.
The basis for declining the request of the petitioner is that as per the understanding of the respondent the institution whereat the petitioner claimed to have taught for 5 years is not a school of the Federal or Provincial Government.
4. Pursuant to the order of this Court report and parawise comments have been filed by the respondents reiterating the contentions as stated above. In order to facilitate adjudication of the matter the Deputy Attorney General for Pakistan was also called upon to assist this Court who was reluctant to accept that the institution in question was of the Federal Government and claimed that the same was run by a Committee.
On the other hand, it was the case of the petitioner that employees of similarly placed institutions have been held to be civil servant by .The Hon'ble Supreme Court of Pakistan in Managing Committee, PAF, Model Inter-College, Sargodha through Chairman and 4 others v. Malik Muhammad Pervaiz Akhtar (1997 SCM R 1957).
5. Heard. Record perused.
6. It is common ground between the parties that the petitioner would be entitled to the extra marks for experience if the institution whereat he had admittedly been teaching was the school of the Federal or Provincial Government. The certificate the record which is annexure 'B' with this Constitutional petition describes the institution as follows:--- "Abdul Razzaq Fazaya College, PAF, Mianwali".
It is not disputed that the college in question is situated within the PAF Airbase at Mianwali. It is also not disputed that there are various other educational institutions within the confines of other Airbases and installations of PAF including Model Inter-College at Sargodha. At one point of time the services of an employee of the aforesaid Model Inter-College at Sargodha was terminated who successfully invoked the jurisdiction of the. Federal Service Tribunal. Aggrieved, an appeal was filed before the Hon'ble Supreme Court of Pakistan by the Managing Committee of the said Model Inter- College, Sargodha inter alia taking the plea that the terminated employee was not a civil servant and, therefore, Federal Service Tribunal had no jurisdiction in the matter. The contentions raised were repelled and the appeal was dismissed by the Hon'ble Supreme Court vide judgment in Managing Committee, PAF, Model Inter-College, Sargodha through Chairman and 4 others (supra) holding that the employees of the said college were in fact a civil servant. Neither the AAG nor the Deputy Attorney General for Pakistan have been able to show that the status of the Model Inter- College, Sargodha is legally different from the Abdul Razzaq Fazaya College, Mianwali. Both the institutions carry name 'Fazaya' or PAF. Both are situated within the confines of the PAF Airbase or installation. Both are run by Managing Committee. In the circumstances, in view of the judgment of the Hon'ble Supreme Court of Pakistan this Court has no option but to hold that Abdul Razzaq Fazaya College, PAF, Mianwali is a school of the Federal Government and, therefore, the petitioner is entitled to the extra marks for experience in terms of para 7 of the recruitment policy applicable.
Consequently, this writ petition is accepted and the petitioner is held entitled to extra marks for experience in terms of para 7 of the recruitment policy. in the above terms. .