' MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners call in question para No,2 of the impugned letter dated 24-11-2011 issued by respondent No,1 whereby an amendment has been made regarding eligibility criteria for the posts of Educators with regard to the candidates who passed their Graduation examination through Semester System.
2. Learned counsel for the petitioners submits that the respondents invited applications for various posts of Educators vide advertisentent published in the Daily Nawa-i-Waqat dated 20-11-2011; states that the petitioners fulfill the eligibility criteria for the said posts as laid down in the advertisement as well as Recruitment Policy 2011; contends that the petitioners applied for the said posts but their candidature was rejected on the basis of impugned amendment according to which the candidates who passed graduation examination in the subjects mentioned in Recruitment Policy, 2011 through Semester System instead of Annual System are only eligible for the posts of SESE and SSE "if the weightage of the notified subject is not less than 75% of total marks of degree; alleges that no such condition was mentioned in the advertisement. This according to the learned counsel is not only discriminatory but also violative of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 which guarantees equality and equal protection of law to all citizens.
3. Conversely, learned' Law Officer submits that according to the notification dated 24-11-2011 the petitioners are not eligible for the post of SESE as such their candidatures were rejected by the competent authority; argues that the authorities who are authorized to make a policy are also empowered to change/amend the same in accordance with the prevalent circumstances.
5. Arguments heard. Record perused'.
6. There is no distinction in the eligibility criteria for various posts of Educators between the candidates who passed Graduation examination through Semester System or through Annual System according to the advertisement dated 20-11-2011 as well as Recruitment Policy, 2011. This distinction has been drawn by respondent No,1 through the impugned letter dated 24-11-2011 'relevant portion of which is reproduced as under:- "If is further clarified that the candidates passed Graduation examination in the subjects mentioned in the Recruitment Policy, 2011 through Semester System instead of Annual System, their candidature will not be accepted, if the weight-age of the notified subjects is less than 75% marks of the total marks of the degree."
7. While reading the advertisement every candidate who possessed the qualification as laid down in the advertisement expected to be considered for the post applied for according to the terms and conditions of the advertisement. If the respondents had to make any distinction/classification among the candidates who passed Graduation examination through annual system and semester system they ought to have publicized it in an appropriate manner. In case reported as Amir Hamza v. Government of Balochistan and others (2005 PLC (C.S.) 1201) it has been held as follows:--- "The policy having a statutory backing attains the legal status and is required to be adhered to in letter and spirit by all the Departments of the Government, including the Board of Revenue, being one of the Department of the Provincial Government under the Rules of Business, 1976,' therefore, they owe a duty to mention in the advertisement about the bifurcation of the posts according to rotationwise quota of the relevant Divisions."
8. Furthermore, imposition of condition of obtaining a weightage of the notified subject equivalent or over 75% marks out of the total marks of degree for the candidates who passed Graduation examination through Semester System but placing no such condition on the candidates who passed their examination through Annual System is not only discriminatory but also violate of Article 25 of the Constitution' of Islamic Republic of Pakistan, 1973 which guarantees equality and equal protection of law to all citizens. Giving undue preference to the candidates who passed Graduation examination through Annual system is not appreciatable. In case reported as Hussain Badshah and another v. Akhtar Zaman and another (2006 SCMR 1163) it has been laid down as under:--- "..Since all the educational institutions situated within the country are duly recognized by the University Grants Commission and their certificates and diplomas are given equivalence by the said Commission, there is no warrant for discriminating the candidates qualifying from Institutions, other than Elementary P.T.C. Colleges managed and controlled by the Government of N. -W . F. P . "
9.In case reported as Dr. Naveeda Tufail and 72 others v. Government of Punjab and others (2003 SCMR 291) it has been laid down by Hon'ble Apex Court that "The appointments in the public sector is a trust in the hands of public authorities and it is their legal and moral duly to discharge their function as trustee with complete transparency as per requirement of law so that no person who is eligible to hold such posts is excluded from the process of selection and is deprived of his right of appointment in service."
(Emphasis is provided by me)
10. In the present case if the threshold level of obtaining a weightage in the notified subject which is not less than 75% marks out of total marks of degree is not imposed on the candidates who passed their Graduation examination through Semester System then the present petitioners would be eligible to be considered for the posts of SESE as well as SSE.
11.For what has been stated above this writ petition is allowed as a result whereof para No,2 of the impugned letter dated 24-11-2011IB reading as below:- "It is further clarified that the candidates passed Graduation examination in the subjects mentioned in the Recruitment Policy-2011 through Semester System instead of Annual System, their candidature will not be accepted, if the weight- age of the notified subjects is less than. 75% marks of the total marks of the degree" is, declared illegal, unlawful and against the rights of the candidates who passed their Graduation examination through Semester System and the same is set aside. The respondents are directed to re-consider the applications of all the candidates including the petitioners whose applications have been rejected by them on the basis of the annulled para No,2 of letter dated 24-11-2011 strictly on merit."