MUHAMMAD FARRUKH IRFAN KHAN, J. --- Briefly stated facts of the case ,are that pursuant to an advertisement the petitioner applied for his appointment as Elementary School Educator (Science- Mathematics). He was called for interview on 9.8.2012 but refused appointment on the ground that he did not possess the prescribed qualification of F.Sc. or equivalent thereto. Aggrieved the petitioner approached the Ombudsman, Punjab, who, vide order dated 23.5.2013 filed his complaint being not maintainable. The petitioner feeling dissatisfied with the order of the Ombudsman, Punjab, preferred appeal before the Governor, Punjab. which was also dismissed, vide order dated 30.3.2014. Hence, the instant writ petition.
3. Learned counsel for the petitioner contends that the petition has been refused appointment on the ground that he does not possess the required prescribed qualification of F.Sc. as per me Recruitment Policy. 2011; that the respondents while declining appointment to the petitioner have totally ignored the fact that the Recruitment Policy, 2011 was revised on 5.6 2012 whereby the requirement of possessing qualification of F.Sc. with Physics, Chemistry, Biology/Math was revised in the manner that only two subjects out of Physics, Chemistry, Biology and Mathematics were made necessary to become eligible for appointment against the posts of ESE (Science-Math); that the petitioner passed his Intermediate Examination with science subjects i.e. Physics, Mathematics and Computer Science, therefore, as per revised policy of recruitment, 2012 he was eligible for appointment as ESE (Science-Math); that the impugned orders are the result of misreading and non-reading of the facts on record; that one Fazail Ahmad, with the same qualification as that of the petitioner, has been appointed as ESE (Science-Math) in District Okara, as such the petitioner has been discriminated. It has been prayed that the impugned orders be set aside and respondents be directed to appoint the petitioner as ESE (Science-Math) immediately.
4. Conversely, learned Additional Advocate General, Punjab has submitted that the petitioner did not possess the required qualification of F.Sc., therefore, he was rightly refused appointment as ESE (Science-Math); that the petitioner cannot be appointed against the Recruitment Policy, 2011; that the General Science Group in which the petitioner passed his intermediate examination cannot be considered as F.Sc.; and that the appointment of Fazail Ahmed was also made against the recruitment policy, 2011 and a directive has already been issued to all the Executive District Officers (Education) in the Punjab to withdraw the letters of Agreement for the post of ESE (Science-Math) which have been issued in violation of Recruitment Policy, 2011 Arguments heard. Record perused.
6. In the advertisement dated 25.6.2012 the candidates applying for the post of Elementary School Educator (Science-Math) (BPS-9) were required to possess the following academic qualification:-- "B.Sc. (2nd Div.) with at least two subjects out of Chemistry. Zoology Botany. Physics, Math, Math-A & Math -B OR B A./B Sc./B.S. (Honors) (2nd div) and F Sc. with Two subjects but of Physics, Chemistry, Biology/Math OR B.S Ed. (2nd Div.) in science subjects as mentioned above.
In the report and parawise comments submitted by respondents No. 3 and 4 they have relied upon Annex-A, a letter dated 5.6.2012, issued by Government of the Punjab, School Education Department, which shows that the Recruitment Policy. 2011 with regard to academic qualification for the post of ESE (Science-Math) was revised. For facility of reference the said revisional chart is reproduced hereunder:---- Nomenclature of PostsExisting Academic Qualification in Policy, 2011Revised Academic Qualification ESE (Science- Math)B.Sc. (2nd div) with at least three subjects out of chemistry zoology Botany Physics Math-A & Math-B OR B.S/B.Sc./B.s (Honors) 2nd div) and F.Sc. with Physics, Chemistry biology/Math OR B.S. Ed (2nd div) in science subjects as mentioned aboveB.Sc. (2nd div) with at least two subjects out of chemistry botany physics Math-A & Math-B OR B.S/B.Sc./B.s (Hons) 2nd div) and F.Sc. with two subjects out of Physics chemistry biology Mathematics OR B.S.Ed (2nd div) in Science subjects as mentioned above The petitioner has been denied appointment on the sole ground that he does not possess F.Sc. certificate. As per Regulations of the Calendar of the Board of Intermediate & Secondary Education, Lahore there are only two groups of Intermediate course: (i) Science Group. which is commonly known as F.Sc (ii) Humanities Group, which is commonly known as F.A. In the Scheme of Studies Science Group (F.Sc.) has been categorized as under:--
(i) Pre-Medical (Biology, Physics and Chemistry)
(ii) Pre-Engineering (Mathematics, Physics and Chemistry)
(iii)General (Mathematics. Physics. Statistics, Economics and-Computer Science)
From the above it is evident that scheme of studies mentioned at Sr.No. iii i.e. "General" also falls within the category of Science Group. There is nothing on the record to suggest that the category "General" is not considered F.Sc. in the Calendar of the BISE. In the 'advertisement only the word F.Sc. is written. There is no mention that out of three categories of scheme of studies i.e. Pre-Medical Pre-Engineering and General which one specific category of F.Sc, did the respondent-department required the candidates to possess for their appointment. The only emphasis was on the subjects studied. In the Recruitment Policy, 2011 the required qualification was F.Sc. with Physics, Chemistry, Biology/Math. However, admittedly, the said policy was revised in 2012 and the academic qualification for the post of ESE (Science-Math) was changed and the candidates possessing F.Sc. with two subjects out of Physics, Chemistry, Biology, Mathematics were held eligible for appointment.
7.Thus the policy makers have intentionally opened up the appointment process to all the above stated three categories of Science Group with the requirement being that the applicant should have studied any two science subjects out of the subjects of Physics, Chemistry, Biology and Mathematics. In the present case, the petitioner has passed his intermediate examination in category "General" of Science Group with subjects of, inter alia Physics, Mathematics and Computer Science. In this way having studied and passed two science subjects i.e. Physics and Mathematics as required under the Revised Recruitment Policy, 2012 the petitioner was eligible for appointment against the post of ESE (Science-Math).
8.In view of the above, the impugned orders are set aside and the instant writ petition is allowed.
The respondents will appoint the petitioner as ESE (Science-Math) immediately.