Punjab Public Service Commission invited the applications from suitable candid ates inter alia for 19 posts of Lecturer Geography (male) and the petitioner was one of the candidates, who applied for the said job. The written test was held for the said job on 24.09.201 1 and the petitioner was included in those 96 candidates, who were provisionally cleared for the next step i.e. interview . After interview , on the basis of merit list prepared, the candidates fall from serial No.1 to 19 in the said list, were offered jobs of Lecturers in Geography . The petitioner , however , was shown at serial No.30 of the said merit list.
The petitioner feeling deprived on account of the reason that he was not awarded five additional marks for which, he was entitled after having been served as College Teaching Intern (CTI) in Government College, Jhelum and in case, such five marks are added in his obtained marks, he would have been accelerated in his merit position and would be succeeded in getting merit position at serial No.20 and for another reason that candidates shown at serial No.3 and 11 of the merit list never joined the duties, therefore, in order to fill 19 vacancies, the candidates obtained the positions at serial No.20 and 21 of the merit list were to be offered the jobs being next seniors, the petitioner had earlier filed Writ Petition No.2560 of 2012 on 03.05.2012, which was taken up by a learned Single Judge of this Court on 15.04.2015 and was disposed of by means of the following order:- "After arguing the case at certain length, learned counsel for the petitioner states that petitioner is satisfied if a direction is issued to respondent No.1 (Secretary Education) to redress the grievance of the petitioner .
2. The request of the learned counsel for the petitioner is justifiable. I am inclined to transmit a copy of this petition alongwith its all annexures to respondent No.1, who shall treat it as a part of pending application of the petitioner and will decide the same strictly in accordance with law as per prescribed procedure through a well reasoned order after hearing all necessary parties within a period of one-month after receipt of this order.
3. With the above direction, this petition is disposed of .
4. Compliance report shall be submitted to the Deputy Registrar (Judicial) of this Court. "
The Secretary in Higher Education Department, Government of Punjab in compliance of above direction has decided the issue vide order dated 27.10.2015 and rejected the representation of the petitioner .
The petitioner still feeling aggrieved sought a review of the said rejection of his representation and the Secretary , Higher Education Department in Government of Punjab vide order dated 20.01.2016 accepted such review petition and granted five additional marks to the petitioner for having experience of CTI. However , some handwritten portion was added in the said review order to the effect that acceptance of the review petition would not create any liability vis--vis the Higher Education Department Punjab in terms of a future job opportunity .
After acceptance of his review application, which was never further challenged by either of the respondents, the petitioner approached the respondent department in order to get a job of Lecturer in Geography , but such request has not been acceded to mainly for the reason that earlier when the Administrative Department requested Punjab Public Service Commission for providing the substitutes of two posts of Lecturer Geography (male), the same was turned down by the Commission for the simple reason that the validity period of merit list i.e. one year from the date of issuance of recommendations stood expired on 11.12.2012, therefore, after expiry of such period, the provision of substitutes was refused and such earlier refusal by the Commission was made basis of the subsequent refusal on the part of the Department notwithstanding the fact that after obtaining five additional marks as a result of the acceptance of review petition of the petitioner by the Secretary , Higher Education Department, the petitioner improved his position in the merit list and he was placed at serial No.20 thereof.
2. The petitioner was entitled to be placed at serial No.20 of the originally prepared merit list, if he was awarded five additional marks on completion of his duty as CTI and as a result of wrong tabulation on the part of respondents by depriving the petitioner from such marks, he was placed at serial No.30 of the merit list. If in the originally prepared merit list, the petitioner would have been given his due place i.e. serial No.20 in the merit list, he would have been conveniently accommodated against one of two vacant posts of Lecturer Geography (male), against which the candidates shown at serial No.3 and 11 in the merit list did not join, whereas subsequently the petitioner has been made victim of a wrong doing of the respondents, to which, the petitioner was not at all guilty or at fault.
The Administrative Department feeling requirement that the vacant jobs of Lecturer Geography be filled in totality, made a request to Punjab Public Service Commission, but such request has been refused simply for the reason that in view of the policy of the Commission, the validity period of the merit list came to an end on 11.12.2012. This position is of no avail to the respondents for the reason that much before the expiry of stated validity of the merit list, the petitioner seeking justice had already knocked the door of this Constitutional Court on 03.05.2012 and when this Court had already taken cognizance of this issue, all subsequent events were subject to the ultimate decision of the petition by this Court.
The petitioner was entitled to have the benefit of such additional five marks, which if included in his tabulated marks, he would have easily been achieved the position at serial No.20 of the merit list even before expiry of the validity period of the said merit list and would have been appointed against one of two vacant posts, which remained vacant on account of non-joining by the candidates shown at serial No.3 and 11 of the merit list. The petitioner has been deprived of such position just on account of mismanagement on the part of the respondents and also delay caused by the functionaries in Respondents Department for which, the petitioner must not be suffered.
The Secretary , Higher Education Department although has granted five marks to the petitioner , but such uncalled for order dated 20.01.2016 has been subsequently added by a handwritten footnote, which must not be considered as an obstacle in way of the petitioner for the simple reason that when the petitioner was held entitled to get additional five marks for his experience as CTI, then the benefit of such marks must have been presumed with effect from the very initial date, when the process for appointment to the posts of Lecturer Geography (male) started and also for another reason that benefit of additional five marks was directed not to be extended in favour of the petitioner for future job opportunity . Five additional marks are not only for glorification purposes. The petitioner must have been provided some practical benefit of the same. The appointment to the post of Lecturer Geography
(male) would be given effect as a result of process started in the year 2011 and thus, the grant of five additional marks to the petitioner would be having the effect on already started process, but it would not be treated as having some consequential ef fect for future job opportunity .
3. The petitioner after having obtained Master degree had undergone the process of a written test and interview for getting the job of Lecturer of Geography and out of 448 applicants, according to his merits, became entitled to fetch a position at serial No.20 of the merit list and for all purposes was qualified to be appointed, but was made victim of the red tapism and bureaucratic obstacles with which a youth of this country is being victimized daily. During such a long process, the petitioner must have crossed the age limit provided for induction into Government jobs. We must inculcate some hope in the eyes of future of this country and if the youth like the petitioner is deprived of his future, such position would result in disaster . We must hand over the affairs of our tomorrow in the hands of a confident future generation, which can perceive that it has been given a legacy that it can carry on to the best of their abilities.
4. For what has been discussed above, this petition is allowed and the respondents are directed to proceed in the manner that the petitioner be given appointment to the post of Lecturer Geography (male) within a period of 15- days from today positively under intimation to this Court through Deputy Registrar (Judicial) of this Bench. The initial period of appointment of five years for which the other appointments were made, will be started from the date, when appointment letter to the petitioner as directed hereinabove, will be issued.