1. ZAFARULLAH KHAN KHAKWANI, J. - By way of instant Infra Court Appeal the appellants have called in dated 5.5.2015 passed by learned Judge-inchamber of this Court in constitutional petition bearing W. P. No, 1541 of 2015 whereby the respondent has been directed to be appointed as E.S.E. (Sci.
2. Math.).
2. Facts of the case, in brevity, are that Mst. Saba Jabeen, respondent, in response to the advertisement floated in the newspaper on behalf of appellant No,2, applied for the post of ESE (Sci.-Math) having qualification B.Sc., B.Ed. HoweVer, she was not appointed which compelled the respondent to file the above cited constitutional petition which was accepted and the learned Judge-in-chamber of this Court directed the appellants to appoint the respondent in accordance with law. Feeling aggrieved of the said order the appellants have assailed the same by way of instant Infra Court Appeal, as mentioned above.
3. Although notice in this appeal has not yet been issued to the respondent, but Ch. Shafi Muhammad Tariq, Advocate has put in appearance at preliminary stage by submitting that he is on watching brief and seeks permission to represent the respondent in this case. This being the position, this appeal is being decided after hearing both the parties as a notice case.
4. Learned Law Officer representing the Government/appellant submits that required qualification for the post applied by the respondent was inter alia B.Sc. With at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course & Math whereas the respondent passed her graduation with the combination of Economics, Advance Computer and Statistics which did not match with the required qualification. Further submits that in the advertisement the above said condition was relaxed by adding that if the candidate was not B.Sc.
3. With at least two above-indicated subject then he must be B.Sc./B.A. With F.Sc.. The learned Law Officer submits that neither the respondent is having qualification of F.Sc. In Pre-Medical nor in Pre- Engineering group and has passed the same in General Science Group with the subjects of Physics, Mathematics and Statistics which cannot be equated with F.Sc. As such she was not entitled to be appointed as per Recruitment Policy for Educators (2014) but the learned Single Judge has erroneously accepted the writ petition and directed the appellants to appoint the respondent which order is not sustainable in the eye of law and is liable to be set aside.
5. Although learned counsel for the respondent conceded that the respondent did not pass B.Sc.
4. Examination with either of two subjects given in the said advertisement, but at the same time supported the impugned order by referring to the condition of B.Sc./B.A. With F.Sc. Made in advertisement that bare perusal of the same would reveal that appellant No, 2 had invited applications even from candidates having B.Sc. Or B.A. With F.Sc. And no condition of any special subject for F.Sc., as is now being pressed, was mentioned for eligibility. Further submits that the respondent was having academic qualification of B.Sc. With professional qualification of B.Ed and as such she was eligible to be appointed as E.S.E. (Sci-Math). Learned counsel laid much stress on the point that F.Sc. Does not confine only to Pre-Medical or Pre-Engineering Groups rather also includes General Science Group as such the respondent must be considered to be having F.Sc.
5. Qualification. He Also contends that the appellants have already appointed another candidate having similar qualification and the respondent is being discriminated in the matter of appointment.
6. Arguments pro and contra have been heard and record perused.
7. As a result of advertisement published in the newspaper the respondent applied for the post of ESE (ScMath). The recruitments were to be made under the Recruitment Policy, 2014 and as per advertisement said policy was available on the website for perusal. The said Policy prescribes that to be appointed as ESE (Sci-Math) academic qualification of a candidate must be B.Sc. with at least two subjects out of Chemistry, Zoology, Botany, Physics, Math-A Course, Math-B Course and Math or B.Sc./B.A. in other subjects with F.Sc. As per stance of learned counsel for the respondent the respondent has passed her B.Sc. (with the combination of Economics, Advance Computer and Statistics) having passed her F.Sc. examination. On the other hand learned Law Officer stresses on the point that only the candidates having passed Intermediate examination with Pre-Medical and Pre-Engineering subjects are considered to be F.Sc. whereas the subjects chosen by the respondent in her Intermediate (Physics, Mathematics and Statistics) constitute General Science Group as is evident from Certificate of the respondent issued by the Board of Intermediate and .
6. Secondary Education Bahawalpur and as such .she was not eligible to be appointed. In order to resolve the controversy as to which subjects/groups constitute F.Sc. we have minutely gone through the scheme of studies formulated by the Board of Intermediate and Secondary Education, Bahawalpur.
7. 8.The West Pakistan (Board of Intermediate and Secondary Education, Lahore) Ordinance 1961 (Ordinance No. XVIII of 1961) and the West Pakistan Boards of Intermediate and Secondary Education (Multan and Sargodha) Ordinance, 1968 (Ordinance No, VII of 1968) were repealed by The Punjab Boards of Intermediate and Secondary Education Act, 1976 (Punjab Act No. XIII of 1976) subsequently amended by the Punjab Boards of Intermediate and Secondary Education (Amendment) Ordinance, 1985 (Punjab Ordinance XXXIII of 1985) to re constitute and establish Boards of Intermediate and Secondary Education in the Punjab and to amend and consolidate the Law relating thereto. Under Section 3 of the Act of 1976 the Government not only established Boards of Intermediate and Secondary Education Bahawalpur, Gujranwala and Rawalpindi but also reconstituted the Boards of intermediate and Secondary Education, Lahore, Multan and Sargodha constituted under the erstwhile Ordinance No. XVIII of 1961 and Ordinance VII, 1968, noted above.
8. Under Clause 2 (k) of the Act of 1976 'Intermediate Education' means education pertaining to Class XI and Class XII. Chapter IX of the Act of 1976 deals with Scheme of Studies for the Intermediate Examination. As per this Chapter (IX) apart from Compulsory Subjects (Urdu, English, Islamic Education and Pakistan Studies/Civics) which every student must have to adopt, it. was made incumbent upon every student to choose any one of the given ten 'Groups'. The student was required to choose at least three elective subjects from combination of each group to take up intermediate examinations. These Groups of Elective Subjects were as under:- 1.HUMANITIES GROUP a)History b)Economics c)Geography d)Military Science e)Philosophy f)Psychology g)Civics h)Statistics 2016Govt of Punjab, etc. vs. Mst. Saba Jabeen761 (Zafarullah Khan Khakwani, J.) i)Mathematics j)Islamic Studies k)Outlines of Home Economics I)Music m)Fine Art n)One of the 24 given languages each carrying 200 marks. o)Commercial Practice p)Health & Physical Education q)Education r)Sociology s) Such other subject as may be prescribed.
9. 2.SUBJECT COMBINATIONS OF SCIENCE GROUP.
10. Maths PhysicsChemistry/Statistics Geography/Geology/Astronomy/Computer.
11. Physics Chemistry Biology/Psychology/ Geology.
12. Biology Chemistry Psychology/Geography /Statistics.
13. 4)Statistics Economics Maths.
14. 5)Maths/GeologyGeography. Physics 6)Biology Statistics Psychology.
15. Since combinations of subjects in remaining eight Groups are not of relevance for the purposes of disposal of this appeal, as such in order to avoid unnecessary details, only the nomenclatures of said groups are being given here under:-- 3.LANGUAGE GROUP 4.TECHNICAL GROUP'
16. 5.COMMERCE CROUP 6.HOME ECONOMICS GROUP')
17. 7.NURSING GROUP 8.ISLAMIC STUDIES GROUP 9.MILL ARY SCIENCE GROUP. and 10 AGRICULTURE GROUP.
18. 9.The Scheme of Studies appels to have remained under process of Improvements .ind was changed from time to time as would appear from the Curricula and Syllabus issued by the Curriculum Wing of Punjab Text Book Board Lahore after approval from the Punjab Boards Committee of Chairmen for the Intermediate Examination for 1991 (Academic Session 19%-c1) that subject of "Geology was added in 'Humanities Group'
19. (Group 1) whereas by splitting above noted one Science Group into following three, total number of 'Groups' was raised to twelve:--.
20. 2.Science Group (Pre-Medicaia) a)Biology b)Physics c)Chemistry 3.Science Group (Pre-Engineering): a)Mathematics b)Physics c)Chemistry 2016Govt of Punjab, etc. vs. Mst. Saba Jabeen765 (Zafarullah Khan Khakivani, J )
21. 4.Science Group (General): a)Mathematics b)Physics c)Chemistrw d)Biology e)Geography f)Psychology g)Statistics h)economics.
22. 10.As Science Group (General), noted above, would depict that all subjects cf Pre-Medical and Pre-Engineering were again inserter: into this Grcup, it appears that the Makers of Scheme of Studies/Curricuium Wing (setting out the future of students cT our nation) realized their mistake and re-arranged the Combination of Subject of Science Group (General) by excluding certain subjects falling in Pre-Medical and Pre-Engineering as evinced from Scheme of Studies published in Curricula and Syllabi for the Intermediate Examination (Academic Sesion 2002-2004) which is as under.-- Science Group (General) Combinadon: a)Phvr,ics,. Mathematics, Statistics. b)Mathematics, Economics, Statistics, c)Economics, Studies.-Mathematics,Computer d) e),Physics, Mathematics,Studies, Mathematics,Statistics,Studies.Computer Computer 766Law Reports (C.L.R.)[Vol. XVII
11. The 'Makers of 'Scheme of Studies have, however, again revisited the earlier Scheme of Studies for the Intermediate Students and through Scheme of Studies for Intermediate Examinations under; Part System for Session 2012-2014 onward, afore-mentioned 12eroups have been assimilated into following five Grou0s:--- 1.Pre-Medical. Group: 1.Urdu 2.English 3.Islamic Education + Pakistan Studies 4.Biology 5.Physics 6.Chemistry.
23. 2.Pre-Engineering Group: 1.Urdu 2.English 3.Islamic Education + Pakistan Studies 4.Mathematics 5.Physics 6.Chemistry.
24. 3.Science Group (General)
25. 1.Urdu 2.English 3.Islamic Education + Pakistan Studies 4.a)Physics, Mathematics, Statistics 2016Govt of Punjab, etc. vs. Mst. Saba Jabeen767 (Zafarullah Khan Khakwani, J.) b)Economics, Mathematics, Statistics c)Economics, Mathematics, Computer Science Statistics, Mathematics, Computer Science Physics,Mathematics,Computer Science 4.Commerce Group: 5.Humanities Group: (Unnecessary details have been avoided)
26. 12.The above exercise has been undertaken only to understand as to what subjects have to be studied in order to get qualification of F.Sc. However, from the visit of above noted 'Combinations of Subjects' introduced through the Scheme of Studies by the Boards of Intermediate and Secondary Education, throughout Punjab right from the promulgation of the Punjab Boards of Intermediate and Secondary Education Act, 1976 no 'Combination of Subjects' has been introduced by any of the Boards to be called F.Sc. We have even minutely gone through the whole Scheme of Studies adopted by the Board of Intermediate and Secondary Education, Bahawalpur right from its inception but have failed to find out any 'Group of Elective 768West Civil Law Reports (C.L.R.)[Vol. XVII Subjects/Combination of Subjects' constituting/to be called F.Sc.. We have been informed and perhaps rightly so that all the Groups introduced through the Scheme of Studies vide the Punjab Boards of Intermediate and Secondary Education Act, 1976 (noted in Para 8 above) were not taught in every Educational Institution/College and the Colleges who were engaged in imparting education of subjects falling in Group-1 and Group-2 of the said premier 'Scheme of Studies' to the students of Intermediate (Class XI and Class XII) created bifurcation of subjects for their own facilitation and of `Combination of Elective Subjects' falling in Group-1 (Humanities Group) was designated as Faculty of Arts (F.A.) whereas the subjects comprising 'Combinations of Science Group' were called Faculty of Science (F.Sc.). It appears that with this scenario and background the word "F.Sc." has been intermixed and intermingled with Intermediate Pre-Engineering/Pre-Medical.
27. Perhaps the government under this mis-conception considering the F.Sc. part of Scheme of Studies continue to advertising the posts requiring the candidates' qualification as F.Sc.
28. 13.The above discussion, thus, makes it crystal clear that 'F.Sc.' by itself is no qualification and the term 'F.Sc.' itself is alien to the Scheme of Studies/System of Education being non-existent. Ours' this observation gets support from the fact that the Boards of Intermediate and Secondary Education issue Certificates to the successful candidates of Intermediate Examination with the specification as Intermediate (Annual/Supplementary) Examination, (year) Group (Pre-Medical/Pre-Engineering/ General Science etc.) and never ever the Certificates of Intermediate contain the word F.Sc. at least from the promulgation of Act of 1976 onward was issued. Therefore, the departments inviting applications from the candidates requiring qualification of candidates as F.Sc. are at wrong. 2016Govt of Punjab, etc. vs. Mst. Saba Jabeen 769 (Zafarallah Khan Khakwant, J.)
29. They must require Intermediate qualification by pointing out specific group which they require to meet with the nature of their job in order to avoid confusion among the candidates and in order to further avoid multiplicity of litigation.
30. 14.Learned counsel for the respondent in the alternate has requested that either the respondent also having qualification of Intermediate with General Science Group (Physics, Mathematics and Statistics) may be appointed as ESE (Sci. Maths) or the whole process of recruitments under the umbrella of qualification of F.Sc. must be turned down. We are afraid this two fold request of learned counsel cannot be acceded to for two reasons; First, that as per submission of the learned Law Officer, qualification of the respondent does not meet the requirement of the appellants for imparting education to the students of specific- subjects and, second, that much water has flown under the bridges and at this stage the whole set up cannot be disturbed merely on account of a technical mistake. Since the qualification acquired by the respondent did not match with requirements of the appellants as such she was rightly declared ineligible to be appointed against the post advertised. So far as objection of learned counsel for the respondent that some other candidate having same qualification had been appointed, is concerned, learned Law Officer clarified that the said candidate had not applied with the respondent under 'he advertisement in question rather she had already been appointed under erstwhile Policy for Recruitrnerit.
31. 15.Upshot of the above discussions and observations is that we find that the respondent was not fit to be appointed as ESE (Sci Math) and the learned Judge-inchamber erroneously declared her eligible for the said post. Consequently, this appeal is accepted and the impugned order dated 5.5.2015 passed in Writ Petition No. 1541 of 2015 is set aside being in contravention of Recruitment Policy, 2014 for Educators.
32. 1.6.Office is directed to immediately, send copies of this judgment to the Chief Secretary, Govt. of Punjab, the Secretary, Punjab Public Service Commission, Lahore, the Secretary Services & General Administration Department and Inspector General of Police, Punjab for information and further guidance with regard to inviting applications for recruitments against the posts in different categories in different departments requiring qualification of Intermediate. 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.