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PLJ 2016 Peshawar 51

Dr. MUHAMMAD ADIL vs PRINCIPAL NOWSHERA MEDICAL COLLEGE, MTI,

CitationPLJ 2016 Peshawar 51
CourtPeshawar High Court
Case No.W.P. No, 14-P of 2016
Date2016-01-12
Judge(s)Musarrat Hilali, Nisar Hussain Khan
ResultPetition dismissed

ORDER

' Nisar Hussain Khan, J.--Petitioner by way of instant petition seeks issuance of an appropriate writ directing the respondents to call him for interview for appointment as associate Professor.

2. We have heard learned counsel for petitioner and have gone through the record appended with the petition.

3. Respondents sought applications for appointment of qualified persons against different posts through an advertisement published in the daily "Mashriq" dated 21.8.2015. They have also provided the prescribed qualification in the advertisement. Petitioner is aspirant to be appointed as Associate Professor Cardiology in Nowshera Medical College and Teaching Hospital, a Medical Institution under the MTIs Act, 2015. The prescribed qualification as mentioned in the advertisement for the posts of Associate Professors of each discipline is as follows:--

(a) MBBS or equivalent medical qualification recognized by the council, And

(b) FCPS/MS/MD in the respective subject or equivalent qualification in the specialty recognized by the council, with three papers on research work of which at least two shall be as principal Author in the capacity of Assistant Professor in the relevant specialty published in a standard medical Journal. Five years teaching experience as Assistant Professor in the relevant subject.

4. As per averments of the petition, petitioner holds the degree of MBBS and FCPS (Cardiology) and is serving as Senior Registrar in Cardiology Ward Lady Reading Hospital, Peshawar. He has not averred nor annexed the rest of the requirements of three papers on research work, atleast two of whom petitioner should be principal author in the capacity of Assistant Professor in the specialty of cardiology, in a standard Medical journal. He has also not averred nor annexed with the petition that he has five years teaching experience as Assistant Professor in the relevant subject Rather his own stance is that he is Senior Registrar of Cardiology and belongs to Nowshera and because respondent/Organization/MTI is also situated in Nowshera so he is entitled to be appointed as Associate Professor. We are afraid that very residence or domicile of a candidate cannot determine his fitness for appointment against such sensitive post which deals with health and life of patients. He could have been only considered if he would have the prescribed qualification and he was to compete with the others, and if stood on merit, would have been appointed. Since he does not hold the prescribed qualification, required and mentioned in the advertisement for the post of Associate Professor (Cardiology), so he is not entitled to be called for interview for lack of required qualification. Thus this petition being merilless stands dismissed in limine.

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