Ali Akbar Qureshi, J:- The petitioner, through this Constitutional petition, has challenged the vires of the Recruitment Policy, 2014 for the appointment of the Educator on the ground, that the policy is totally contrary to law and settled practice of recruitment.
2. The respondent-department, through an advertisement, invited applications for the recruitment of Educators for Primary, Elementary, Secondary and Higher Secondary Schools, on contract basis.
3. In the advertisement, the respondent-department has given the detail of academic qualification and experience in the same field. The required qualification as per the advertisement is as under: {{TABLE}} Nomenclature of Post Academic Qualification (at least 2nd div) Professional Qualification (at least 2nd div)
ESE BA/BSc/BA B.Ed/M.Ed/M.A (Honors)/BSc(Hons)/BS(Honors)/BCS (Edu)
OR BS/BSc(Hons-4 years) in Agriculture or Engineering OR BSEd/MSEd/ADE/B.Ed (Honors-4 years)
ESE (Sci-Math) B.Sc with at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course & Math OR DVM, Animal Husbandry, D-Pharmacy, MCS & BCS OR MSc/BS (Hons-4 years) in Physics/Chemistry/Botany/Zoology/Math/ Biochemistry/ Biotechnology/Environmental Sciences/all branches of Chemistry, Biology, IT/Computer Science OR BSc (4-years) in Agriculture/all branches of Engineering OR BSc/BA with FSc OR MSEd/BSEd with at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course & Math B.Ed/M.Ed/M.A (Edu)
ESE (English) BA with English 200 Marks plus English Literature 200 Marks OR MA English or Masters of Teaching of English as Second Language/Linguistics B.Ed/M.Ed/M.A (Edu)
SESE
(Urdu) M.A Urdu B.Ed/M.Ed/M.A (Edu)
SESE
(Math) BSc with at least two subjects out of Math A, Math B, Math, Physics, Computer and Chemistry OR BSc in Engineering OR M.Sc in Math or Physics Or MSEd/BSEd with Math and Physics B.Ed/M.Ed/M.A (Edu)
SESE (Science) BSc with at least two subjects out of Zoology, Botany, and Chemistry OR M.Sc Chemistry/Biochemistry/Biotechnology/ Zoology/Environmental Science/Botany/Biology OR BSc in Engineering OR BSc (4-years) in Agriculture OR MSEd/BSEd with Zoology, Botany and Chemistry B.Ed/M.Ed/M.A (Edu)
SESE (Arabic) BA with Shahdat-ul-Almia OR M.A Arabic B.Ed/M.Ed/M.A (Edu)
SESE
(PET) MA/MSc in Sports Sciences/Physical Education B.Ed/M.Ed/M.A (Edu)
SESE
(DM) M.A Fine Arts B.Ed/M.Ed/M.A (Edu)
SESE (Comp Sci) MSc (CS)/MCS/MSc (IT)/MIT B.Ed/M.Ed/M.A (Edu)
SSE
(Urdu) M.A Urdu B.Ed/M.Ed/M.A (Edu)
SSE (English) MA English or Master in Teaching of English as Second Language/Linguistics B.Ed/M.Ed/M.A (Edu)
SSE
(Math) M.Sc Mathematics B.Ed/M.Ed/M.A (Edu)
SSE (Physics) M.Sc Physics B.Ed/M.Ed/M.A (Edu)
SSE (Biology) M.Sc Zoology/Botany/Biology/Biotechnology OR BSc (4-years) in Agriculture B.Ed/M.Ed/M.A (Edu)
SSE (Chemistry) M.Sc Chemistry/Biochemistry B.Ed/M.Ed/M.A (Edu)
SSE (Comp Sci) MSc (CS)/MCS/MSc (IT)/MIT B.Ed/M.Ed/M.A (Edu)
Ili. BS (Honors 4-years) in prescribed subjects/Master in any branch of the prescribed subject can also apply. {{TABLE}} ii. The candidates having prescribed academic qualification will be considered for the posts of Educators. However, the candidates without prescribed professional qualification appearing in the merit list may be considered as per ranking criteria. Such candidates, in case of selection, will have to acquire the prescribed professional qualification within three years otherwise their contract will stand terminated, without any notice. iii. The candidates having BA/BSc with Diploma in Physical Education (one year) issued by the recognized Board of Intermediate and Secondary Education (BISE) or University can also apply for the post of SESE (PET). However, they will have to acquire prescribed academic qualification within five years. A part of MSc in Physical Education cannot be equated to Senior Diploma in Physical Education. iv. The candidates having B.A/B.Sc with Diploma in Fine Arts (one year) issued by the recognized Board of Intermediate and Secondary Education (BISE) or BA with Fine Arts an elective subject of 200 Marks issued by the recognized University can also apply for the post of SESE (DM). However, they will have to acquire prescribed academic qualification within five years."
4. It is very strange, that the respondent-department is going to appoint the Educators to teach the students from Primary to Higher Secondary School and the required qualification is B.A. B.Sc. or B.Sc.
Hons. alongwith Agriculture Engineering, B.Sc., B.Ed. or D.V.M. Animal Husbandry, B. Pharmacy, M.C.S., B.C.S., as given in the afore-referred table.
5. Learned Additional Advocate-General submits, that in fact the government is intended to accommodate the other graduates or holder of Master Degree who are jobless. The contention raised by learned Additional Advocate-General, under instruction, is ridiculous as how a doctor of Veterinary Sciences can teach the student of Primary School or even the Higher Secondary School.
6. No doubt, as submitted by the petitioner, the government can frame the recruitment policies but in accordance with law and keeping in view the requirement. The Veterinary Doctor or B.Sc.
Agricultural Engineering can be appointed in the institutions where this type of the education is imparting. Therefore, the policy framed by the respondent-department is totally against the law, and the principle laid down by the Hon'ble Superior Courts.
7. Learned Additional Advocate-General repeatedly argued, that the government is intended to accommodate the educated young lot. The intention of the government should be appreciated but at the same time, it is to be seen, that the government has advertised the requisite qualification for the appointment of educators to teach the students from primary to secondary school which is B.A/B.Sc, B.A Hons, B.Sc Hons, and if the candidates having the qualification of Agricultural engineer, B.Sc., Doctor of Veterinary, B.Sc. Engineering, are allowed to compete for the advertised posts, in interview or in written test, definitely the highly qualified candidates i.e. having the qualification of B.Sc. Engineering, Agricultural Engineering, and Doctor of Veterinary will get better position as compared to a student who has done simply B.A, B.Sc. or B.A Hons., or B.Sc. Hons., and by this way, the government, although unintentionally but impliedly, will create a more jobless persons in the country, and if this policy was followed and adopted by the government, the candidate who has done B.A./B.Sc. would be in miserable condition and would be deprived to get a job easily.
8. Needless to observe, that the highly educated segment of the society i.e. B. Sc. Engineering, Agricultural Engineer, etc, should definitely be accommodated but at the proper place and even otherwise, it is the primary duty of the State to provide jobs to the qualified persons and also to create jobs for the unqualified or uneducated persons. It is too observed, that if a candidate who has done B.Sc. Engineering, Agricultural Engineering or DVM, etc, if appointed a teacher in Grade 11, 14, etc, that would also be a kind of unemployment, therefore, the government should re-visit its policy announced in the year 2014.
9. It is also always observed by the Hon'ble Superior Courts, that the Courts should not interfere into the policy matters of the government, but if the policies framed by the government are detrimental to the interest of people, the Courts are not precluded to take cognizance and to interfere.
10. In this view of the matter, this petition alongwith the order is dispatched to respondent No.1/Secretary Schools Education Department, Punjab, Lahore, to form a committee to re visit the policy in the light of observations made above and the law laid down by the Hon'ble Supreme Court of Pakistan from time to time.
11. Resultantly, this writ petition is disposed of with the above observations.