The present Intra-Court Appeal has been preferred against the order dated 15.2.2012 passed by the learned Single Judge in Chamber whereby Writ Petition No. 815/2012 filed by the appellant seeking direction to respondents Nos. 1 and 2 for the issuance of appointment letter to the appellant against the post of Secondary School Educator/SSE (Phys-Math) BS-16 at Tehsil Khairpur, Tamewali, District Bahawalpur, was dismissed.
2. The appellant applied against the vacant post of Secondary School Educator/SSE (Phys-Math) at Government Girls Secondary School, Tehsil Khairpur Tamewali, District Bahawalpur through proper channel as she was already performing her duties as SSE (Phys-Math) at Government Girls Higher Secondary School Chak No. 319/HR, Maroot, Tehsil Fortabbas, District Bahawalnagar. The husband of the appellant was permanent resident of District Bahawalpur and she was eligible to apply at the domicile place of her husband but her application has been rejected on the ground that NOC was not countersigned by the appointing authority. The learned Single Judge in Chamber after hearing the learned counsel for the appellant and after perusal of the record dismissed the Constitutional petition in limine on the ground that the appellant had already applied to the District Coordination Officer, Bahawalpur for the redress of her grievance vide application dated 11.2.2012 and she had already availed adequate remedy, therefore, the writ petition was not maintainable.
3. Learned counsel for the appellant has contended that the applicant was already in service and she had applied for the post mentioned above through proper channel through Headmistress and NOC was signed by her. Therefore, her application could not be rejected. The learned Single Judge in Chamber has not looked into this aspect of the case and has dismissed the writ petition erroneously, holding that the petitioner has availed the adequate remedy.
4. On the other hand, learned Assistant Advocate General Punjab has contended that according to condition No. 12 of the advertisement, in service employees of Education Department could apply through proper channel after obtaining the departmental permission and NOC from the concerned appointing authority but the appellant did not attach the NOC at the time of submission of the application on 2.12.2011. The appellant appeared on 10.12.2011 before the Executive District Officer (Education) respondent No. 1 and produced the departmental permission certificate/NOC which was signed only by the Headmistress and not by the appointing authority-Executive District Officer (Education), Bahawalpur. She could not produce NOC at the time of her interview. Thereafter three days grace period was also granted but the appellant failed to submit any NOC therefore, her form has already been rejected.
5. We have heard the learned counsel for the appellant and learned Assistant Advocate General Punjab and have also gone through the record.
6. The controversy between the parties is that the application of the appellant for her appointment as Secondary School Educator/SSE (Phys-Math) was not in accordance with the conditions, mentioned in the advertisement for the said post published in different national newspapers in the month of November, 2011 for the recruitment of Educator in District Bahawalpur. The application of the appellant was not accompanied with NOC of her appointing authority as she was already serving at Government Girls Higher Secondary School Chak No. 319- H/HR, Maroot Tehsil Fortabbas, District Bahawalnagar.
7. Yesterday Ms. Nasim Safdar, Executive District Officer (Education), Bahawalpur was summoned and was directed to submit her report especially with reference to the document available at page-18 of the Writ petition. The Executive District Officer (Education) Bahawalnagar has sent the certificate today through Law Officer wherein it is mentioned that certificate of departmental permission issued by the then Headmistress in favour of the appellant Itrat Nazir, SSE(M) vide diary No. 539, dated 2.2.2011 is not Countersigned by the appointing authority i.e. Executive District Officer (Education), Bahawalnagar. Therefore, the said certificate cannot be verified by him. It was, therefore, pointed out by the learned Law Officer that the appellant has applied for the same post at two places. One at Government Girls Higher Secondary School Chak No. 319/HR, Maroot, Tehsil Fortabbas, District Bahawalnagar where she is already serving and the second at Government Girls Secondary School, Tehsil Khairpur Tamewali, District Bahawalpur which is the place of domicile of her husband. Her subsequent application was rejected due to nonsubmission of NOC whereas the appellant has joined duty for the same post at Government, Girls Higher Secondary School Chak No. 319/HR, Maroot, Tehsil Fortabbas, District Bahawalnagar.
8. Therefore, apart from a clear deficiency in the obtaining of NOC and its defective attestation, it has also been observed that appellant could not apply for the same post at* two different places, by using two different domicile/resident certificates, one she had for her own place of residence and the second procured by her on the ground of residence of her husband. This exercise on the part of the appellant by keeping two different domicile certificates simultaneously, cannot be appreciated in law, what to talk of using these domiciles/resident certificates at one and the same time. The party approaching this Court in writ jurisdiction in fact seeks an equitable relief and the party which does not approach this Court in clean hands, is hardly entitled for such a relief. As discussed above, the appellant had not approached this Court with clean hands, as such, she was rightly refused the relief.
9. The learned Single Judge in Chamber has not committed any illegality or irregularity while dismissing the writ petition. Resultantly, this Intra-Court Appeal having no force is herby dismissed.