' MUHAMMAD KAMRAN MULAKHAIL, J.--- It is the case of the petitioner that he had applied for the post of "Micro Form Technician" pursuant to advertisement published in the Daily 'Express' Quetta on 10th July, 2010, but the respondent, i.e, "the Secretary, National Assembly Secretariat, Islamabad", neither called the petitioner for interview nor informed him bout the fate of the written test taken by him nor adhered to the rules regarding reserved quota for, the province of Balochistan.
2. The learned counsel for the petitioner relied upon the Intermediate Certificate (Arts/Humanities Group) and the certificate dated 12-11-2010, issued by the Deputy Director (Technical) of "National Archives of Pakistan, Islamabad, which stated that the petitioner was born in 1975 and is serving as "Broad Casting Technician" in Radio Pakistan, Quetta Center. He stated that the petitioner was entitled to the concession of 10 years in upper age limit, being government servant. According to Mr. Inamullah Kakar, Advocate the petitioner met the stipulated requirements for the job.
3. Mr. Sher Shah Kasi, the learned Deputy Attorney General of Pakistan, contested the petition on two grounds, firstly, that the petitioner during examination was caught red-handed, cheating/copying answers via mobile phone messaging and his paper was got cancelled, secondly, the post of "Micro Form Technician" was re-designated as Data Entry Operator, because the earlier position had become obsolete, on having lost its utility for the National Assembly Secretariat ("the Secretariat"); the newly designed post was also subsequently advertised and the petitioner did not participate in second round.
4. After having heard the petition at considerable length, we reserved the same for judgment, when an application, bearing C.M.A No,2517 of 2013, was filed seeking rehearing of the petition or allowing placement of certain documents on record.
5. The perusal of the documents appended with the memo. of petition reflect that earlier the petitioner had been pursuing his lis before the civil court and thereby, after availing all remedies of civil nature, filed the instant petition.
6. The referred to advertisement stipulated the requisite qualification F.Sc./Intermediate (Science) and an experience in "MICROFORM/ MICROFILMING" with maximum age of 25 years. The documents appended with the petition however reveal that the petitioner did his Intermediate in Arts/Humanities Group and was 35 years old at the relevant date. The learned counsel could not controvert when confronted that stipulated qualification for the job was Intermediate (Science) with Chemistry and Physics.
7. We also considered the documents subsequently submitted: two certificates showing an experience of "Broadcast Technician" are already filed with the petition, copy of notification dated 27th May, 1993, which stipulates the qualification for the proposed post, i.e, "F.Sc. with Chemistry and Physics or Intermediate or equivalent and training or experience in microfilming preferable" and document for a relaxation in an upper age limit, i.e, an "OFFICE MEMORANDUM" dated 24th June, 2010, issued by the Deputy Secretary "Establishment Division, Cabinet Secretariat Government of Pakistan, Islamabad":
8. The aforesaid documents are not relevant in the petitioner's case, for simple reason that the said notification is in respect of appointments to be made in the "Department of Libraries under the Ministry of Education", which could not be applied for recruitment in "National Assembly Secretariat". The office memorandum (supra) provides five years general age relaxation and three years for candidates belonging to Sindh rural and Balochistan; and even if we add both such age relaxations together it makes eight years, but still the petitioner was over-age.
9. The petitioner just to strengthen his case managed to also obtain a belated certificate dated 12th November, 2010 in respect of his receiving fifteen days, "BASIC MICROFILMING TRAINING" with effect from 28th October, 2010, however, in the referred to advertisement the cut off date was 30th July, 2010, on which date the petitioner did not have any experience as prescribed for the proposed vacancy.
10. The comments filed by the respondent state that the proposed vacancy of "MICROFORM TECHNICIAN" has been re-designated and abolished for having lost its utility for the Secretariat. The question of competence of the Government in respect of prescribing the qualification for a particular post has already been dealt with by this court in an unreported case: Shazia v.
Government of Balochistan, in C.P. No,738 of 2012, relevant para whereof is reproduced as under:--- "The government is competent to prescribe the qualifications for a particular post and in prescribing stipulated qualification a scientific development and increasing technical know-how cannot be ignored. The eligibility of a candidate has to be determined in accordance with the advertisement for the post, service rules governing the appointment and any instruction hacked by law and rules framed there under. A non qualified person cannot be appointed to a particular post and it would not be in the interest of students and institution. Appointment cannot be made in violation of requisite qualification. We are fortified in view of dictum rendered by the Hon'ble Apex Court in following cases:- -- ' Dr. Muhammad Hussain v. Principal, Ayub Medical College, (PLD 2003 SC 143). Government of Punjab through Secretary (S&GAD) Lahore v. Zafar Maqbool Khan and another, (2012 SCM R 686)."
11. The petitioner did not have the requisite qualification for the advertised post and as such could not be appointed thereto. Moreover, the authority had abolished the said post, which was a matter within its discretion. The question of reserved quota for Balochistan need not to be attended since the petitioner did not possess the requisite qualification.
'Therefore, we are of the considered view that the petitioner has no right for the relief claimed, and for the foregoing reasons, this petitioner is dismissed with no order as to cost.