' MUHAMMAD KAMRAN MULAKHAIL, J.--- The petitioner has impugned the appointment against the post of Lab Assistant' made pursuant to advertisement dated 18th May, 2012 published in Daily 'Jung', Quetta, for Government Girls High School Parkaniabad. The following prayer has been made in this petition:-- "It is therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to declare the impugned appointment order as illegal, unlawful, without lawful authority and of no legal effect.
' Further, this Hon'ble Court may be pleased to direct the respondent No,1 to appoint the petitioner on the post of Lab Assistant".
2. The learned counsel stated that the post of "Lab Assistant" was to be filled by a candidate of the Union Council in which the said school was situated and as the petitioner was the sole candidate of the said Union Council, she deserved to be appointed against the proposed vacancy. The other ground urged for appointing the petitioner to the said post is on account of the fact that her uncle donated the land where the said school stands.
3. That before dilating upon the contention put forth on behalf of the petitioner, it may be mentioned that when the petition came up for "Katcha Peshi" on 12-12-2012 a query was posed in respect of maintainability of the petition to the learned counsel for the petitioner that, since the petitioner sought her appointment as "Lab Assistant" in Government Girls High School Parkaniabad at Quetta, for which the stipulated qualification was (Secondary School Certificate) Matric in Science, however, the certificate appended with the memo of the petition revealed that the petitioner possessed (Secondary School Certificate) Matric in Arts (Humanities Group).
' The learned counsel when confronted with the referred to advertisement in which requisite qualification of Matric (Science Group) is stipulated and as the petitioner did not possess the required qualification, he could not controvert the same.
4. The provision of Article 199 of the Constitution of Islamic Republic of Pakistan ("The Constitution") depends on the existence of a fundamental or legal right of a person or a party and the infringement of such a right. Such right may be a statutory right or a right recognized by the law.
Person or a party can be said to be aggrieved only when he is denied a legal right.
5. 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 backed by law and rules framed thereunder. 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).
6. We can not endorse the unique concept put forth on behalf of the petitioner that since, no other contestant is available from the concerned union council, thus she is entitled to be appointed against the said vacancy even though if she does not possess the requisite qualification. Nor can we accept the contention that she is entitled to the job because her uncle donated the land where the school stands.
7. Although, neither said appointee is arrayed nor impugned appointment order is appended with the memo. of petition, these inherent defects are not attended because petitioner could not qualify the preliminary test of maintainability of petition coupled with qualification of an aggrieved person.
' Therefore, for the above mentioned reasons this petition is dismissed in limine.