' MUHAMMAD QASIM KHAN, J.--- Briefly the facts leading to the filing of instant petition are that pursuant to an advertisement inviting applications for different posts including 51-seats of SESE (Arabic), the petitioner having the requisite qualification, submitted his application against 2% disabled quota. Through the instant petition, the grievance of the petitioner is that although he was on top of merit list of the male candidates, but without any justification appointment letter was not issued to him.
2. The contention of learned counsel for the petitioner is that 2% quota meant for disabled persons is to be calculated against each category and as according to the advertisement seats of SESE (Arabic), SESE (Oriental), SESE (Physical Education) and SESE (Arts and Drawing) fall within one category, therefore, 2% disabled quota is to be calculated on the basis of number of seats advertised in the above referred subjects as a whole. The learned counsel further argued that the department did not appoint teachers in some of the subjects against disabled quota for the reason that no candidate was available, but ignored the fact that all these subjects fall within one category, therefore, if the petitioner could not be selected against the seat of SESE (Arabic) on merit, he could be adjusted against disabled quota meant for SESE (Oriental), SESE (Physical Education) or SESE (Arts and Drawing).
3. The learned Law Officer on the other hand, under instructions submits that petitioner only applied for the post of SESE (Arabic) and obtained 43.53-marks in the merit list meant for male candidates/disabled persons, whereas, in a separately prepared merit list of disabled female candidates, one Mst. Usma Qasim obtained 62.78-marks, therefore, she being the highest scorer, was selected and appointment letter was issued to her against disabled quota seat. Further argued that subjects of Arabic, Oriental, Physical Education and Arts and Drawing, cannot be clubbed with each other as qualification for each subject is different and until and unless any person has qualification of a specific subject, he cannot be appointed and that category is only with regard to subject, and seats are to be allocated accordingly. The learned law officer concluded his arguments by contending that as the petitioner was not on merit in SESE (Arabic), therefore, no appointment letter could be issued to him.
5. In the writ petition, the precise prayer of the petitioner is that he be appointed as SESE (AT) against the seat of disabled person. The petitioner has specifically voiced his grievance for appointment against disabled quota for the seat of SESE (Arabic). It is admitted position that petitioner was not on top of the merit even on disabled quota against the seat of SESE (Arabic) and one Mst. Asma Qasim who had also applied for a seat against disabled quota secured 62.78- marks and thus appointment letter has been issued to her. The contention of learned counsel is that the word "category" used for disabled persons includes all subjects mentioned in one category and that petitioner applied for the post of SESE (Arabic Teacher) in Elementary Schools, therefore, he is entitled for posting against all the seats to be filled in Elementary Schools, irrespective of the fact whether those seats are for SESE (Arabic), Oriental, Physical Education and Arts and Drawing.
The above contention of learned counsel for the petitioner is totally erroneous, as basic requirement for appointment of a person on a particular post, even against disabled quota, is to have requisite qualification of that post. The categories mentioned in the advertisement are with regard to the level of education i.e, Elementary Schools, but for each post, Special Subject has been mentioned in the advertisement and the rules, until and unless any disabled person possesses such qualification he could not be entitled to be posted against the said post and for the same reason, a person who applied against the post of SESE (Arabic), could not be posted against the post of SESE (Oriental), Physical Education or Arts and Drawing because the basic purpose of the teacher is to educate the students. It is admitted that Subject Specialists in a particular subject can educate the students better because of their specific knowledge in that subject, whereas, a person who does not possess specialization in a particular subject may not be able to properly educate or guide the students, for the reason that the subjects of Arabic, Physical Education, Oriental and Arts and Drawing are of entirely different fields and the students of each category are required to go through altogether changed and distinct courses for each of the above subject, therefore, naturally they get knowledge and specialties in respective course alone. These subjects otherwise being different entities, could not be equated or clubbed with each other to declare them one category for the purposes of disabled quota. In this view of the matter, if such practice as urged by learned counsel for the petitioner, is allowed, it would leave a negative impact, rather may demolish the educational career of the students. Consequently, it is held that the department, therefore, rightly calculated the disabled quota on the basis of each subject, as a person having no qualification of Arabic cannot teach the subject of Arabic to the students.
' In this view of the matter, I see no force in this writ petition and the same is therefore, dismissed.