' MUSARRAT HILALI, J.--- Through this petition, the petitioner seeks issuance of an appropriate writ directing the respondents to appoint him as Managing Director, Information Technology Board, Khyber Pakhtunkhwa and to declare the re-advertisement of the said post as illegal, unlawful, without lawful authority and of no legal effect.
2. Background of the controversy is that the Government of Khyber Pakhtunkhwa in order to provide for the establishment of Khyber Pakhtunkhwa Information Technology Board for promotion of the Information Technology enabled services and Information Technology enabled education for private sector has notified the Khyber Pakhtunkhwa Establishment of Information Technology Board Act, 2011 (Khyber Pakhtunkhwa Act No,XI of 2011). In pursuance of section 4 of the Act ibid, the Provincial Government constituted Khyber Pakhtunkhwa Information Technology Board vide Notification dated 2-7-2011. Section 8 of the Act empowers the Government to appoint Managing Director on prescribed terms and conditions. Accordingly, the said post was advertised with certain qualification and experience. The petitioner having the requisite qualification and experience also applied for the same. In all 64 candidates applied for the post in question, however, after short listing 3 candidates including the petitioner was found eligible and up to the prescribed criteria, hence they were called for interview and presentation, which was conducted. After completion of entire process, unofficially it came to the knowledge of the petitioner that he has topped the merit list however, to the utter dismay, the post in question was ordered to be re-advertised with changed criteria, which necessitating the filing of this petition.
3. Comments were asked for from respondents 2 and 3, which have been furnished, wherein, it is stated that in all 71 candidates applied for the disputed post and out of them 56 candidates did not fulfill the required eligibility criteria, therefore, their applications were rejected. However, out of the remaining 15 candidates, only three candidates including the petitioner were short listed. The plea taken in the comments is that as more capable candidates have not applied for the post of Managing Director, Information Technology Board, Khyber Pakhtunkhwa, therefore, the said post was ordered to be re-advertised and attractive pay package was also offered to attract competent professionals.
4. The plea of the petitioner is that he has topped the merit list after conducting test and interview by the respondents, therefore, the re-advertisement of the post of Managing Director, Information Technology Board, Khyber Pakhtunkhwa is based on mala fide and of no legal effect.
5. On 8-5-2012, the learned D.A.-G. Sought time to produce minutes of the Selection Committee meeting held on 14-11-2011. Copy of the said minutes is available on file, which transpires that after short listing of three candidates including the petitioner, test/interview/ presentation was conducted for the post of Managing Director, Information Technology Board, Khyber Pakhtunkhwwd under the Chairmanship of Additional Chief Secretary, Khyber Pakhtunkhwa. After carrying of the entire process and on the basis of academic record, higher qualification, experience and interview merit list has been compiled, which reads as under:--- {{TABLE}} S.No.Name of candidateMerit position (i)Eng.Siddiqullah1st (ii)Eng.Arif Aslam Kundi2nd (iii)Eng.Shah Jehan Khattak3rd {{TABLE}}
6. Thus, keeping in consideration the above stated position, the plea raised by the petitioner that he has topped the merit list is substantiated by the minutes of the meeting of Selection Committee produced by the respondents and when the entire process has been carried out as per terms and conditions prescribed for the post in question and when there is no allegation against the petitioner that his selection was not on merits or it was made in violation of any rules/regulations.
Further, no reason much less plausible has been rendered by the respondents regarding the non- appointment of the petitioner as well as re-advertisement of the said post with certain attractive package, then we are of the view that after having been duly selected, a right had accrued to him for the job against the vacancy for which he was selected, which will not go un-noticed, moreso, when the petitioner including two others have participated in the test/interview/ presentation on the package announced in the initial advertisement, then depriving the petitioner of his vested right as well as re-advertisement of the post he applied for with attractive package is an act on the part of respondents, which is not sustainable in law, hence case for issuance a writ is made out.
7. The record also transpires that there is a letter dated 4-11-2011 sent by Managing Director, Pakistan Software Export Board, Ministry of Information Technology and Telecom, Government of Pakistan addressed to Section Officer (ESTT), ST and IT Department, Government of Khyber Pakhtunkhwa Peshawar, wherein, it has been mentioned that as more capable candidates have not applied for the post of Managing Director, IT Board, Khyber Pakhtunkhwa, therefore, recommended the appointment of interim Managing Director and re-advertisement of the post. It is worth mentioning that this letter was issued on 4-11-2011 and a recommendation for re- advertisement was not acceded to. The Selection Committee held its- meeting on 14-11-2011. After considering the academic record, higher qualification, experience and interview/ presentation, the merit list was compiled. In the circumstances, it does not lie in the mouth of respondents that they have acted on the recommendations of Managing Director, Pakistan Software Export Board, Ministry of Information Technology and Telecom, Government of Pakistan vide letter dated 4-11- 2011.
8. As a sequel to the above, this petition is allowed and the respondents are directed to appoint the petitioner against the post of Managing Director, Information Technology Board, Khyber Pakhtunkhwa with immediate effect. Similarly, the re-advertisement dated 23-1-2012 floated by the respondents for filling up the said vacancy is declared illegal, unlawful, without lawful authority and of no legal effect. #EndJudgment