' MUHAMMAD KHALID MEHMOOD KHAN, J.--- The petitioner's grievance is that he is M.Sc.
Mathematics and B.Ed. Having domicile of Basti Rindan, Mauza Rind Jada, Tehsil Kehror Pacca and also holding a certificate from "Soft Vision". The petitioner has taught a subject of mathematics in Soft Vision College Bahawalpur. The respondents Government announced a policy for recruitment of Educators in Government schools for the year 2008-09. According to policy qualification for SSE teacher has been fixed B.Sc. (PhysicsMath)/B.S.Ed with Physics and Mathematics and for SESE teacher B.S.E. With Physics, Mathimatics, Chemistry and Biology and B.S.Ed. Preference was to be given to candidate, who are holding Master degree in relevant subject. The petitioner applied for the post of SSE (Science). The petitioner stood first in Tehsil Kehror Pacca and his name is available at Sr. Nos.5, 6 and 7 in different schools of Kehror Pacca. In the District Lodharan the name of petitioner is shown at Sr. No,5. In all lists of successful candidates, the petitioner's name is available being the successful candidate. However from the final list the petitioner's name was dropped. On inquiry he was informed that he has not passed his B.Sc. With mathematics and physics, hence his name was deleted from the final list of selected candidates. This act of respondents has been impugned through the present writ petition praying that the same may be declared without lawful authority and of no legal effect.
2. Notices were issued. The respondents submitted their report and parawise comments. It is admitted in parawise comments that name of petitioner was available in tentative list of selected candidates but on final scrutiny it transpired that petitioner is not having the required qualification i.e, B.Sc. With Mathematics and Physics and as such his name was deleted from the list of selected candidates. It is further stated that in recruitment policy for Educators of the year 2008-09 the qualification for the post of SSE Educator is B.Sc. With Mathematics and Physics and for the post of SSE (Bio/Chemistry) the required qualification is B.Sc. With Botany, Zoology and Chemistry. The Secretary Education vide letter No, S.O.SE.IV 2-34/08 dated 19-8-2009 clarified that for recruitment of SSE Educator the required qualification is B.Sc. With Math and Physics and for SESE Educator the required qualification is BSC with Botany, Zoology and Chemistry. They prayed that this petition may be dismissed as the petitioner does not fulfil the required educational qualification.
3. The argument of learned counsel for the petitioner is that out of two subjects Physics/Math only one subject is required for B.Sc. Candidates. The petitioner is admittedly M.Sc. Mathematics and also holding the degree of B.Ed. And as such he was fulfilling the condition of recruitment policy for the respondent No,l. Further submits that Education department at Multan has recruited the Educators equal to petitioner's educational qualification and as such the petitioner is also entitled to be appointed as SSE Educator.
4. Learned A.A.-G. Submits that petitioner has passed his B.Sc. Examination with double Math and Statistics and holding a Master degree of Math only and as such he does not fulfill the requirement of applied post. Further refers the advertisement inviting the applications from the candidates and submits that for B.Sc. Candidates it is necessary that he/she has passed his B.Sc. Examination with both subjects i.e, Physics and Mathematics. Learned A.A.-G. Referred the advertisement, which shows the educational qualification for the post of SESE (S.C), B.Sc. With Physics, Mathematics, Chemistry and Biology and B.S Ed. And for SSE (Physics-Math) B.Sc. (Physics-Math)/B.S.Ed with Physics and Math. He submits that basic qualification is B.Sc. In two subject i.e, Physics and Math and Master degree in relevant subject is an additional qualification. Learned A.A.-G. Has placed on record a corrigendum addressed to all the District Education Officers in Punjab clarifying that the applicant who have passed his B.Sc. Examination with Math and Physics will qualify for the post of SSE (Physics-Math) and option of one subject was withdrawn. Learned A.A.-G. Has relied on unreported order dated 7-11-2008 of this court and submits that it is not the choice of petitioner that respondents should fix the qualification of post according to his choice. The petitioner is applicant and he has to fulfil the requirement as fixed by the respondents.
5. Learned counsel for the petitioner in rebuttal submits that corrigendum or clarification if issued that is against the rights of petitioner and its effect will not be retrospective but prospective. Further submits that policy referred to above is against the fundamental rights of the petitioner and as such is liable to be struck down. Further submits that respondents are discriminately implementing the policy on the basis of pick and choose as is evident from the appointment letters issued to the candidates mentioned in para 14 of the petition.
6. Heard. Record perused.
7. The respondents invited applications from suitable candidates vide advertisement dated 4-10- 2008 published in "Daily Express" for recruitment of different posts of Educators including the post of SESE (S.C) and SSE (Physics-Math), As per advertisement the educational qualification for the two posts are shown as under:--- S. No.Name of PostQualification Experience Professonal 1 SESE (Sc)B.Sc. with Physics-Math- Chemistry-Biolody and B.S.Ed.C.T-B.Ed. will be preferred.BS-14+30% SSA in lieu of pension 2SSE (Phy/Math)BSc (Physics-Math)/B.S.Ed with Physics-Math) M.A. in relevant subject will be preferred.Preference B.Ed/ M.Ed/M.A.
(Education/M.S.EdBS-16+Rs.100 STA+30% SSA in lieu of pension.
8. The petitioner has been refused the employment on the ground that he does not possess the required qualification for the post of SSE Math/Physics, as he has not passed his B.Sc. With the subject of physics and Math.
9. The argument of learned A.A.-G. Is that, for Educator under the policy for the year 2008-09 the qualification required is B.Sc. In both subjects i.e, Mathematics and Physic, and the petitioner has passed his B.Sc. With Mathematics A & B and Statistics and as such he does not qualify for the post applied.
10. Learned counsel for the petitioner argues that as per advertisement the required qualification for S.S.E. Is B.Sc. (Physics-Math) and B.S.Ed. Physics with Mathematics and preference is available to Master degree in the relevant subject. Learned counsel argues that there is a dash (-) between Physics and Mathematics which shows that only one subject is required. He submits that where the candidate is B.S. Ed. Two subjects of Physics and Mathematics are required. He referred a letter dated 19-8-2009 issued by the Section Officer, Government of the Punjab School Education Department under the heading of Request for clarification regarding the eligibility for the post of secondary school educator. Query was raised as under: "Whether the candidate possessing B.Sc. With one of the elective subjects out of Physics & Math is eligible for the post of SSE (Physics, Math) or both subjects are compulsory for the said candidate."
' Reply of the said query was:--- "B.Sc. With Physics and Mathematics is compulsory for the candidature of SSE (Physics, Math)."
' Second query was raised as under:-- "Whether the candidate possessing B.Sc. With one of the elective subject out of Chemistry, Botany and Zoology is eligible for the post of SSE (Chemistry, Biology) or these three elective subjects are compulsory for the said candidate."
"Reply of second query was B.Sc. With Chemistry, Botany and Zoology is compulsory for the candidature of SSE (Chemistry/ Biology)."
11. The said clarification of Government of the Punjab, School Education Department was finally withdrawn vide letter dated 24-8-2009 bearing No, SO(SE-IV) 2-34/2008 in the following terms:-- "I have been directed to refer to the memo of even number dated 19-8-2009 on the subject cited above and to intimate that the clarifications issued vide above mentioned memo have been withdrawn by the competent authority."
9(sic.). The only question for resolution is what is the qualification for SSE Educator in terms of advertisement published in Daily "Express" Multan dated 4-10-2010? Whether the candidate should possess the degree of B.Sc. In two subjects i.e, Math and Physics or he will be eligible if he passed his B.Sc. Examination with one subject i.e, Math or Physics. The queries raised by respondents for interpretation of the above said question was decided by the respondents themselves as referred to above, in the first instance they decided that both the subjects are required for SSE Educator but subsequently the said clarification/ decision was withdrawn. The withdrawal of clarification shows the intention of policy makers, they decided that two subjects are necessary for B.Sc. Applicants but when they feel difficulties in searching the candidates according to their clarification they withdrew the same. The advertisement shows that there is hyphen (-) between the two subjects (Physics-Math) and not dash and after that there is oblique (/) which shows that where the applicants having qualification of B.S. Ed. With Physics and Mathematics, he will be eligible for the post of SSE. In English language if the dash is half in length, it will be a hyphens, and dash is used for the purpose of separating words and group of words and the hyphen is meant to link words. In advertisement hyphen has been used in two subjects (Physics-Math). The educational requirement for the post of SSE is either the candidate should possess B.Sc. Degree (Physics-Math) and if the candidate is holding degree of B.S. Ed (with Physics and Math). The two qualifications are separate and independent, meaning thereby that a person holding either of the above qualification will be eligible for the post. The advertisement issued by the respondents affirm the clear intention of policy maker, he has fixed the qualification for SSE Teachers, B.Sc. With Physics or Math and if the candidate is B.S.Ed. His B.S.Ed. Should be with two subjects. This clearly shows that there are two categories, one is B.Sc. With one subject either Physics or Math, other is B.S.Ed. With both the subjects Physics and Math. It seems that printer has printed the hyphen (-) between physics and Math instead of dash. If the intention of policy maker was that candidate should be BSc with Physics and Math he should not mention these two words in bracket, as for B.S.Ed.
Candidate it is clearly mentioned that applicant should be B.S.Ed. With Physics and Math. If the intention of policy maker was that B.Sc. Applicant should be with Physics and Math he may add the word with like the qualification of B.S.Ed. The petitioner case is, however, on better footing, he is holding a Master degree in Math.
10(sic.). It is an admitted fact that petitioner is M.Sc. In Mathematics and according to the advertisement, qualification of M.Sc. In the respective subject has the preference against the candidate whose qualification is B.Sc. The petitioner, according to result card issued by Islamia University, Bahawalpur, is M.Sc. Mathematics passed in 1st annual examination held in 2006 and as such the petitioner fulfil the required qualification as per the advertisement for the post of SSE Educators on the basis of his "degree of M.Sc. (Math)."
11(sic.). The argument of learned A.A.-G. That for SSE post the petitioner should be B.Sc. With Math and Physics is not borne out, as discussed above. Further the respondents themselves tried to get this issue clarified and in the first instance they opined that both subjects, Physics and Mathematics for B.Sc. Applicant are compulsory but the said clarification was subsequently withdrawn meaning thereby the respondents themselves have admitted that only one subject is necessary for the candidate having qualification of B.Sc. It is also logical that if the Teacher has to taught the students of Math, he should be expert in his subject. Admittedly the petitioner is holding Master degree in Math and as such he was fully eligible for the post of SSE Educator. It is an admitted fact that petitioner has successfully completed all interview and tests but he was denied on the ground that he has not completed the B.Sc. In two subjects i.e, Math and Physics. While denying the job to petitioner the respondents have failed to consider petitioner's qualification of M.Sc. In Mathematics and as such the ground of refusal of respondents is against the policy as well as against their own advertisement. The intention of the policy is that SSE Educators should be perfect in their own subject so they could provide better education in a better way to the students of respective subjects.
12. The upshot of above said discussion is that this petition succeeds and respondents are directed to issue appointment letter to the petitioner.
13. There is no order as to costs.