Through this writ petition, the petitioners seek a direction to Respondents No, 1 and 2 for a chance to prove their worth as Naib Qasid and Chowkidar in Govt. Girls School, Dihali, Tehsil Sohawa, District Jhelum.
2. The brief facts giving rise to filing of this writ petition are that Petitioners No, 1 and 2 applied for the post of chowkidar and Naib Qasid in Govt. Girls School Dihali, Tehsil Sohawa, District Jhelum, for the reason that they considered themselves to be the local residents as well as duly qualifying the requisite academic qualification. The interviews were conducted on 28.05.2009 in response to the advertisement published in the newspaper, where after they did not receive any intimation of their result.
3. Learned counsel for the petitioners submits that the petitioners are more qualified than anybody else being the local residents as well as on the fact that their father namely Muhammad Anwar had donated 25 kanals of land for the school in the said village and they should have at-least a job at the lower level in the said school; the minimum acknowledgment of which his family is entitled.
4. The respondents have filed the report and parawise comments on 05.06.2010 wherein they disclosed that one Yasir Arfat stood at No, 1, and, therefore, was appointed as Naib Qasid whereas Muhammad Tariq son of Muhammad Riaz was appointed as Chowkidar who also stood at No, 1 in the separate list on merit. Respondents No, 1 and 2 further informed this Court that the said two persons were senior in age who must be preferred, in order to secure their future, from any untoward incident of overage; the said post being non-teaching attracts different qualities of candidates; under the policy no provision of any preferential treatment is permissible to a family/person who donated the land for college/school in the village. Hence prays for dismissal of this writ petition.
5. I have heard the learned counsel for the parties and perused the available record.
6. The record reveals that one AbLdl Rasheed son of Muhammad Din having date of birth 09.02.1977, a Matric qualified secured 40 marks in interview and stood at Serial No, 2, whereas Petitioner No, 2 stood at Serial No, 3, Sajjad Hussain son of Muhammad Banaras who secured 65 marks stood at Serial No, 1, whereas Petitioner No, 2 having date of birth 13.06.1979, Matric qualified could secure only 20 marks in Interview. Likewise Petitioner No, 1 having date of birth 02.02.1.980, with primary qualification, secured only 15 marks in interview and stood at Serial No,
25. Without going into the question as to what objective criteria was available to the committee for awarding marks in interview; one fact cannot be ignored that promotion of education in the society for the children is not only a basic human right but also a fundamental right provided under the Constitution of Islamic Republic of Pakistan, 1973. There is no denial of the fact that through the education only the living standard and literacy can be improved. The villagers are the main stake holders, who are to be persuaded not only to send their children to the school but also to encourage them to facilitate for new schools. Obviously, this requires the resources as well as will on their part and a seat to acknowledge their aptitude is bound to encourage them to engage in such activities. Ultimately this will allow the nation building measures for those who donate their properties for this noble cause, for which they must not only be respected but also be given some sense of belonging. A simple token in the form of one seat at the level of. chowkidar or Naib Qasid may be helpful in achieving this objective. In this view of the matter I dispose of this writ petition with the direction to the Secretary Education Government of Punjab as well as Respondent No, 1 to accommodate the petitioners in the next seat falling vacant for the post against their eligibility, with a further direction to incorporate in recruitment policy a provision of such acknowledgement through some posts for those who have donated their land for their noble projects of the government schools.