' NAEEM AKHTAR AFGHAN, J.--- This judgment disposes of Constitutional Petition No,337 of 2012, wherein the petitioner has claimed the following relief:- "It is, accordingly respectfully prayed that keeping in view the above mentioned facts and circumstamces this Hon'ble Court may kindly be pleased to direct the official respondents to withdraw the appointment order of the respondent No,6 and further be pleased to direct the official respondents to issue the appointment order of the petitioner on the post of lecturer in English, in the interest of justice, equity and fairplay. "
2. As per contents of the petition, in December 2011, the respondent No,5 placed an advertisement inviting applications for different posts in Cadet and Residential Colleges in Balochistan, including three posts of lecturers for the English department of Cadet College Panjgur. Test and interviews were conducted and the results of the successful candidates were announced. Messrs Imtiaz Ali stood first, Adnan Riaz (respondent No,6) stood second. Muhammad Hussain stood third and the petitioner stood fourth. However, no list/merit list was filed to show that the petitioner stood fourth thereon. The candidates, who came first, second and third on the merit list were appointed, vide notification dated February 8, 2012.
3. It was subsequently revealed that the respondent No,6 did not hold the required Master degree but was appointed on the basis of a 'hope certificate' with the expectation that he would qualify the forthcoming examinations. The petitioner, therefore, approached the respondents for issuing his appointment order, since he was placed at fourth position, but instead of appointing the petitioner the respondent No,6 was appointed as English lecturer in Cadet College Panjgur.
4. The respondents Nos.1 and 3 filed parawise comments stating therein that respondent No,6 was allowed to appear in the test and interview on the basis of the said 'hope certificate' with the expectation that his Masters' result will be declared within one month. However, on coming to know that the results will be announced in the month of August, 2012 reliance was not placed upon the 'hope certificate', therefore, the Selection Committee unanimously decided in its meeting of March 12, 2012 to terminate the services of respondent No,6 and further decided to re-advertise the posts as certain other newly appointed lecturers did not join service. In order to run the classes unaffected the respondent No,6 was appointed as an Instructor in English (BPS-16) on contract basis for a period of six months vide order dated April 1, 2012 by respondent No,3.
5. Learned counsel for the petitioner stated that instead the petitioner being placed fourth on the merit list should have been appointed in place of respondent No,6 and that the appointment of respondent No,6 on the basis of 'hope certificate' was illegal and unlawful. Learned A.A.-G. Stated that the contract appointing respondent No,6 has also been terminated as he did not produce the certificate of the requisite examination. The learned counsel for the petitioner also confirms this fact.
6. Heard the learned counsel for the parties and perused the .Available record. The petitioner has not placed on record the advertisements placed by the respondent No,5 for the posts of lecturers in Cadet and Residential Colleges of Balochistan. The computer abstract filed as annexure "B" (at page 25) relates to different Cadet and Residential Colleges in Balochistan, including Turbat having one vacancy of lecturer in English. The application of the petitioner dated December 2, 2011 shows that the petitioner had applied for the post of lecturer in English in Balochistan Residential College Turbat. The petitioner however had not applied for any post in the Cadet College Panjgur. The respondent No,6 was initially appointed on the basis of a 'hope certificate' as lecturer in English in Cadet College Panjgur, which had no concern with the candidature of the. Petitioner, .And the Selection Committee in its meeting of March 12, 2012 had decided to terminate his appointment and further decided to re-advertise the said post of lecturer in English of Cadet College Panjgur.
The decision of the Selection Committee whereby the respondent No,6 was appointed on "contract basis" on ad hoc basis was also terminated during the pendency of the petition. Consequently, there remains no grievance of the petitioner to the extent of the respondent No,6.
7. As regards the petitioner claim for appointment as lecturer in English in Cadet College Panjgur due to the termination of the respondent No,6, the same cannot be granted inter alia for the reason that the petitioner had not applied for the said post. The decision of the Selection Committee to re- advertise the said post does not suffer from any illegality or irregularity warranting interference by this court in its constitutional jurisdiction. The petitioner and all others who meet the stipulated criteria would be at liberty to apply for the said post when it is advertised.
8. Just before parting we want to consider the practice of issuing "hope certificate" In this case the said hope certificate issued by the University of Balochistan stated, that:- "This is to certify that Mr. Adnan Riaz son of Riaz Ahmed is a regular student of M.A. English Literature class final. He appeared in the M.A. Previous examination under Roll No,8524 in the year 2010 by securing 235 marks out of 450 marks and place in second division.
' It is further stated that he would pass his final examination with .Good marks. He bears good moral character and social behavior."
It is not understandable how the University could make a categorical' statement that Mr. Diaz "would pass his final examination." Moreover the concept of 'hope certificate' is beyond our comprehension. If for a particular job or position certain educational qualifications are required these have to be met before the candidate applies for the same. It is his or her qualification as existing, and not those that he/she may acquire in the future. We strongly deprecate acceptance of 'hope certificate' by any government or any local or statutory body. To ensure that this unlawful practice does not continue, respondent No,2 is directed to send a copy of paragraph 8 of this judgment to all the Universities of Balochistan and the Balochistan Public Service Commission. He is further directed to ensure that the Government of Balochistan does not accept or place reliance on such type of 'hope certificate.'
' For the above reasons, the petition is dismissed but with no order as to costs.