' AMIR HANI MUSLIM, J. --- These appeals by leave of the Court are directed against the common judgment dated 1.6.2011, passed by the High Court of Sindh, Karachi, whereby the Constitution Petitions filed by the Respondents were allowed and the Sindh Public Service Commission was directed to take fresh measures for appointment to the post of Professor of Pathology (BS-20) in accordance with law.
2. Facts necessary for the disposal of these Appeals are that the Sindh Public Service Commission (Respondent No, 3) published Advertisement No, 02 of 2008 dated 22.01.2008, inter alia, inviting applications from candidates for one post of Professor of Pathology (BS-20). Another Advertisement No, 07 of 2008 dated 12.07.2008 was published whereby applications from candidates for two posts of Professor of Pathology (BS-20), under rural quota were solicited. This advertisement provided that those candidates who have already applied for the post of Professor (BS-20) against earlier consolidated Advertisement No, 02 of 2008 dated 22.01.2008 are eligible in all respects need not apply again. The closing date of this advertisement was fixed as 04.08.2008.
Following experience was prescribed for the post of Professor of Pathology (BS-20):--- iii. 03 (Three) years teaching experience as an Associate Professor in the respective subject provided that the total experience as Assistant Professor & Associate Professor shall not be less than 08 (Eight) years OR 09 (Nine) years teaching experience as an Assistant Professor in the respective subject. iv. At least 02 (Two) research papers in 03 (Three) years to be published in the standard medical journals as approved by the PM&DC.
3. Both the Appellants as well as Respondents Dr. Ghulam Murtaza Pathan and Dr. Mir Muhammad Saheto applied for the said posts. The candidates were interviewed by a panel of the Commission.
Thereafter, the Commission issued Press Release dated 24.09.2008, declaring the Appellants successful and recommended their names for appointment to the posts of Professor of Pathology (BS-20).
4. The Respondents Dr. Ghulam Murtaza Pathan and Dr. Mir Muhammad Saheto, called in question the said press release, by filing Constitution Petitions. A learned Division Bench of the High Court of Sindh after hearing learned Counsel for the parties, allowed both the petitions, inter alia, on the ground that Appellant Dr. Ameer Hamza Dahari did not fulfill the conditions as provided in the advertisement. It was further held that Experience Certificate dated 14.03.2008 issued by PMDC to Dr. Akbar Ali Soomro was recalled/withdrawn by PMDC, vide letter dated 15.12.2008. However, Dr. Akbar All Soomro filed a letter dated 08.04.2008 of Health Department, Government of Sindh, circulating the provisional seniority list of Professors, Associate Professors, Assistant Professors and Senior Registrars (Teaching Cadre). The learned High Court of Sindh observed that said list contained names of three Assistant Professors of Pathology (BS-18) which did not include the name of Dr. Akbar Ali, therefore, on 31.01.2008, he was not even Assistant Professor (BS-18) in the Teaching Cadre. This Court granted leave to appeal on 20.12.2011. Hence these Appeals.
5. It is contended by the learned Counsel for the Appellants that the Appellants were eligible to be appointed as Professor of Pathology (BS-20) against the vacancies advertised by the Sindh Public Service Commission and the impugned judgment of the learned High Court was not in conformity with the material brought on record by the Appellants.
6. As against this, the learned Counsel for the private Respondents and the learned Additional Advocate General has supported the impugned judgment.
7. We have heard the learned counsel for the parties and have perused the record. The issue of eligibility raised in the proceedings has been scanned through the PMDC and the learned High Court has taken pains in interpreting the conditions of eligibility for appointment as Professor of Pathology (BS-20). The learned High Court did not have the jurisdiction to determine the eligibility in view of the bar contained under Article 212 of the Constitution read with the provisions of Section 4 of the Sind" Service Tribunal Act, 1973. Since the issue is pending adjudication for the last several years, we therefore, in order to meet the ends of justice examine the issue on merits as an exception. The High Court, however, has correctly interpreted the relevant clause of the advertisement and the PMDC Rules which provide that the Research Paper, should be prior to the closing date and before promotion as Professor. In fact the Research Papers "of an Associate Professor/Assistant Professor which are authored late in time reflect that the author has incorporated updated research as the medical science keeps on progressing. The criterion of eligibility, keeping in view the aforesaid factor, was correctly applied by the learned High Court against the Appellants. The other findings of the learned High Court against the Appellants are based on the material brought on record. The counsel representing the appellants did not persuade us to reverse such findings in favor of the Appellants.
8. The above are the reasons for our short order, which reads as under:--- "After hearing the arguments of learned ASCs for the parties, as well as Assistant Advocate General, Sindh, for the reasons to be recorded separately, all the four appeals are dismissed. H.R.C. Nos.
7185-S of 2014 and 13757 also stand disposed of accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.