SYED MUHAMMAD ATTIQUE SHAH, J.---- Petitioner , Dr. Amjad Farooq, Senior Registrar , Surgical Department, Ayub Medical Institute (AMI), Abbottabad, has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, humbly prayed that on acceptance of the instant writ petition, respondents may graciously be directed to promote the petitioner as Assistant Professor in Urology (BPS-I8) being eligible as per seniority/eligibility against 50% quota reserved for in service institutional employee of the Institute. Any other relief which this Honourahle Court deems appropriate in the circumstances of the case may also be granted."
2. Brief facts, as gathered from record of the case, are that petitioner was provisionally appointed as Senior Registrar Surgical in BPS-18 on 17.07.2010, subject to approval of the Management Council; that the services of the petitioner were subsequently regularized in view of the approval of the Management Council vide Office Order dated 08.07.201 1; that the petitioner has got his three years post fellowship experience in Urology w.e.f July, 2012 to July, 2015 and he was attached with Ayub Medical College in teaching cadre ; that the petitioner has got the degree of Fellowship from College of Physicians and Surgeons Pakistan (FCPS) in 2006; that respondent No.4 advertised one post of Assistant Professo r in Urology (BPS-18) in Daily Mashraq, Peshawar dated 10.07.2015 with cutof f date as 30.07.2015 for submission of applications; that the petitioner having requisite three years experience was eligible to be promoted as Assistant Professor against 50% quota reserved for in service institutional employees as per Regulations 37 and 38 of Pakistan Medical and Dental Council Regulations for the Appointment of Faculty Professorial Staff / Examiners / Principals / Deans / Administrativ e Staff in Undergraduate and Postgraduate Medical and Dental Institutions of Pakistan, 2011 ("PM&DC Regulations, 2011"), and the petitioner has filed departmental representation to respondent No.4 in this regard but no reply was communicated to the petitioner . Hence, the instant writ petition.
3. The official respondents Nos.2 to 4 as well as private respondent No.6 were put to notice, who contested the petition by filing their para-wise comments, wherein, they controverted the stance of the petitioner regarding his promotion against the post of Assistant Professor Urology inter alia on the ground that the petitioner was not having the requisite experience in specialty of 'Urology' .
4. Arguments of learned counsel for the parties heard and record perused with their able assistance.
5. Perusal of record would reveal that a vacant post of Assistant Professor Urolouy (BPS-18) was advertised by respondent No.4 on 10.07.2015 with cutoff date as 30.07.2015 for submissions of applications. The petitioner along with others applied for the said post and the matter for selection of Assistant Professor was examined by the Scrutiny Committee in its meeting held on 15.09.2015, 17.09.2015 and 23.09.2015, and finally recommended respondent No.6, Dr. Faheem-ul-Haq for the said post and the petitioner was not considered due to lack of requisite experience in 'Urology' . However , the claim of the petitioner in the present petition filed on 08.12.2015, for his promotion against the post of Assistant Professor Urology , is based on Regulation No.37 of the PM&DC Regulations, 201 1. The said Regulation envisages that: "37. 50% posts of Assistant Professor be reserved for filing from amongst the Senior Registrars of the Institution who possess level III qualifications."
Admittedly , the petitioner is FCPS in surgery . However , he claimed three years Teaching Experience in Urology as a Senior Registrar and in this regard he has relied on the 'Experience Certificate' dated 06.11.2015 issued by Superintendent Establishment, Ayub Teaching Hospital, Abbottabad and later on he also produced letter dated 01.11.2017 with caption 'Recognition of Experience' , which was issued on the letterhead of PM&DC , on the request/application of the petitioner . This Court deems it appropriate' to repro duce the contents of both the abovementioned certificates, herein below for ready reference : "Experience Certificate This is to certify that Dr. Amjad Farooq Senior Registrar has completed 03 years Post Fellowship Teaching experience in Urology Department, Ayub T eaching Hospital, Abbottabad from July , 2012 to July , 2015"
SD- XXX Superintendent Estt: Ayub T eaching Hospital, Abbottabad."
"Dr. Amjad Farooq, C/O Lecturer Biochemistry , Ayub Medical College, Abbottabad.
Subject: RECOGNITION OF EXPERIENCE Dear Sir , I am directed to refer your application on the subject cited above. It is to inform you that your following experience can be counted as under: Qualification
1. M.B.B.S Peshawar University-1996
2. F.C.P.S. (Surgery)Pak-2006
1. TEACHING EXPERIENCE M D 03 00 12 Senior Registrar in Urology at Ayub Teaching Hospital Abbottabad (has completed his 03 years post fellowship experience) from 18-07-2012 to 30-07-2015, 03 years and 12 days.
Sd/- XXX 1/11/2017"
The entire case of the petitioner revolves around these two certificates , which need to be considered in the light of PM&DC Regulations, 2011. It is worth mentioning that Regulations ibid have been framed by the PM&DC in exercise of powers conferred under section 33(2) of PM&DC Ordinance , 1962, which are applicable to appointments and promotions in all Medical and Dental Institutions recognized under the Ordinance, 1962. Clause 7 of the PM&DC Regulations , 2011 provided for issuance of Experience Certificate ; for the sake of convenience, the same is reproduced below: "7. Teaching Experience Certificate shall be issued by the Registrar or an officer designated by the President only upon certification of teaching experience by the Principal for cases in Pakistan or an authority competent to do so for overseas cases. Experience certificate shall be issued by PM&DC on the experience certificate certified by the Principal/dean. An experience certificate by the Medical Superintendent or incharge of an attached teaching hospital shall not be accepted unless countersigned by the Principal. On the request of the Principal or Dean, the Registrar may amend the experience certificate already issued."
The ibid clause clearly envisages that experience certificate shall be issued by the Registrar or an officer designated by the President only upon certification of teaching experience by the Principal for cases in Pakistan or an authority competent to do so for overseas cases. Experience certificate shall be issued by PM&DC on the experience certificate certified by the Principal/Dean.
An experience certificate by the Medical Superintendent or incharge of an attached teaching hospital shall not be accepted unless countersigned by the Principal.
6. Now when placing both the experience certificates with the above-mentioned clause 7 of the PM&DC Regulations, 2011 in juxta position, it become crystal clear that none of them fulfills the mandatory requirement of the clause ibid, as the former issued by Superintendent Establishment, Ayub Teaching Hospital, Abbottabad, whereas the latter was issued on 1/11/2017 on the letterhead of PM&DC during pendency of present writ petition, that too, on the application of the petitioner . Be that as it may, while assessing the case of the present petitioner in the light of available record, especially , both the experience certificates and arguments advanced by the learned counsel for the, parties, it is obvious that the certificates produced by the petitioner are not valid Experience Certificates under Clause-7 of the PM&DC Regulations, 2011. It is by A now settled that when law requires a thing to be done in a particular manner , it should be done in that particular manner and not otherwise. In this regard, this Court would like to place reliance on Tehsil Nazim, TMA Okara v. Abbas Ali (2010 SCMR 1437 ), wherein, it has been observed that: "It is settled proposition of law that when a thing is to be done in a particular manner it must be done in that sway and not otherwise."
Reliance is also placed on case titled 'Raja Hamayun Sarfaraz Khan and others v. Noor Muhammad' (2007 SCMR 307). Apart from the above, the advertisement published by the respondents was for initial recruitment against a vacant post of Assistant Professor Urology and the petitioner had applied for the same, however , when he was not considered for appointment by the Scrutiny Committee on 23.09.2015, he then by taking a turn around challenged the said decision before this Court in the present writ petition thereby seeking his promotion under clause 37 of the PM&DC Regulations, 2011 against the said vacant post. Thus, this Court is of the view that once he had participated in the entire selection process then he could not take the benefit of Clause 37 of Regulations ibid, as the post in question was not reserved for promotion quota.
In view of above, the present writ petition is without any substance, hence dismissed as such.