AU BAQAR NAJAFI, J. --- Through this writ petition, the. Petitioner has challenged the vires of order No. 7266/ECM, dated 24.07.2009 issued by respondent No. 4, whereby memo. No. 6836, dated 24.07.2009 appointing the petitioner as Senior Elementary School Educator (Arts) was withdrawn.
2. Brief facts giving rise to this writ petition are that in response to the advertisement published in the newspaper by the District Coordination Officer, Chakwal/respondent No. 2 inviting applications for recruitment of Elementary School Educators, Senior Elementary School Educators and Secondary School Educators. The petitioner being the resident of Warwal tehsil and district Chakwal, fulfilled the required qualification applied for the post of Senior Elementary School Educator (Arts) in BPS-14, on the basis of B.A. From the Punjab University; B.Ed. From Allama Iqbal Open University and Deeni Sanad Holder of Al-Shahadat ul Almiya Fil-Uloomil Arabia Wal-Islamia issued by Dar-ul-Uloom Muhammadia Ghousia, Bhera District Sargodha. Besides, the petitioner also submitted equivalence certificate from the University Grant Commission recognizing M.A.
Arabic/Islamic Studies for the purpose of teaching Arabia and Islamic Studies in Colleges and Universities. Respondent No. 3 after completing all the formalities vide letter No. 6836 appointed the petitioner as SESE (Arts) BS-14 on contract basis, which was received by the petitioner on 29.07.2009, whereafter the petitioner accepted the terms and conditions of employment and gave joining report on 01.08.2009. However, on 18.08.2009, a back dated order No. 7266/EC, dated 24.07.2009 was served upon him, whereby the petitioner's earlier appointment order No. 6836, dated 24.07.2009 was withdrawn. Neither any notice was served nor an opportunity of hearing was afforded to the petitioner. No any inquiry was conducted and no misconduct was attributed to him.
The petitioner submitted application/complaint to the Secretary Schools (Education), Government of the Punjab but in vain.
3. Report and parawise comments were submitted on behalf of respondent No. 5.
4. The learned counsel for the petitioner submits that the petitioner was issued valid appointment order where-after he has gave a joining report under the employment contract the petitioner was entitled to a notice and an inquiry prior to termination of his service particularly when there was no allegation of misconduct against him. Further submits that the Government of the Punjahool department vide letter dated 14th April, 2009 has already held that the Sanad "Shahadatul Alrniya Fil Uloomal Arabia wal Islamia" awarded by Tanzeem ul Madaris, Lahore as equivalent to M.A.
Arabic/Islamic Studies for the purpose of teaching Arabic and Islamic Studies in Colleges and Universities and for pursuing higher studies. Under Section 10 of Ordinance No. LIII of 2002 the University Grant Commission is empowered to grant equivalence and recognition of degrees, diplomas and certificates awarded by Institutions within the country and abroad. It was held by the Hon'ble Supreme Court of Pakistan in SANAULLAH KHAN and others v. DISTRICT RETURNING OFFICER, MIANWALI and others (PLD 2005 SC 858) and at Page 864 that Darul Uloom Mohammadia Ghousia Bhera, District Sargodha has the approval of the University Grant Commission. Further submits that in Recruitment Policy for educators in Government Schools 2008-09, services of the petitioner cannot be terminated the way it was done.
5. Conversely, the learned Law Officer submits that the petitioner while applying for SESE (Arts) mentioned his qualification as M,A. Islamic Studies and was thus awarded 6.31 marks with the total score of 60.85 but it was later on transpired that he was having the sanad of "Shahadatul Almiya fil Uloomal Arabia wal Islamia" which imparted him the benefit of eligibility of recruitment as SESE (Arabic). It was rightly not counted for award of additional marks, resultantly the score of the petitioner was reduced to 54.16. Another candidate ascended upward occupying first position. Further contends that rectification of error and omission was because of the mis-statement of the petitioner to the extent that he mentioned M.A. Islamic Studies in the application form instead of sanad of "Shahadatul Almiya Fil Uloomal Arabia wal Islamia. Services of the petitioner were not terminated, his appointment was withdrawn and therefore, no question of notice can arise. Further submits that Section 20 of the West Pakistan General Clauses Act provides that power to pass an order includes power to withdraw. Reliance can be had to "Muhammad Aslam Khokhar and another v. The State and another (2000 SCM R 1797).
6. I have heard the learned counsel for the parties and perused the documents appended with this petition and the case-law referred by the learned counsel for the parties.
7. Admittedly, the requisite qualification for the appointment of SESE (Arts) was BA/BSc/B.Com. And preference was to be given to C.T. And B.Ed. The petitioner possesses B.A degree (557/800). B.Ed.
Degree (595/900) from the Allama lqbal Open University and a degree dated 08.07.2007 of "Shahadatul Almiya Fil Uloomal Arabia wal Islamia issued by Dar-ul-uloom Muhammadia Ghousia Bhera Distt. Sargodha, recognized by the University Grant Commission vide its letter dated 08.01.2007 for the purpose of teaching Arabic and Islamic Studies in . Colleges and Universities and for pursuing higher studies. However for employment in another department B.A. Degree from the recognized university was required. It is also apparent from the record that the petitioner was appointed as SESE (Arts) on 24.07.2009 under an employment contract, under which appointment was terminable on one month's notice and on payment of one month salary and that after giving him personal hearing and notice thereof and holding an inquiry. The petitioner had given joining report on 08.01.2009 in response to the appointment letter. Surprisingly, the said appointment letter was withdrawn on incorrect and illegal basis on 24.7.2009, which was conveyed to the petitioner on 10.08.2009 i.e. 9 days after joining report. All these facts demonstrate that qualification of the petitioner was more than required one for the said post of SESE. The appointment letter already issued to the petitioner was acted upon as joining report was given and the petitioner started working of his place of work. Under the terms and conditions of employment he must be treated as employee with all rights and liability applicable to such official. The very principle of natural justice which is to be read as embodied in every statute is overlooked. In the presence of equivalence certificate and various letters by different institution recognized education qualification as compatible with those required by respondent No. 2, the petitioner was well within his right to be considered as duly appointed. I find myself unable to understand the logic of respondents. Under Section 20 of the General Clauses Act the powers to appoint and withdraw by authority has one exception that if order has been acted upon giving rise to the service right in favour of the petitioner, the principle of locus poenitentiae is attracted which debars department to recall the order. In presence of credible evidence respondent No. 2 was required to pass well-reasoned and speaking order, that too, after hearing' the petitioner: In this view of the matter, while allowing this petition order No. 7266-EC-M, dated 24.07.2009 is set aside with direction to the respondents to treat the petitioner as contract employee with all rights and liabilities and if any eligibility is to be determined in respect of his qualification, the same may be completed after hearing the petitioner and other affectees, if any, in accordance with law. .