C.M. No.1 of 2020 .
SHAMS MEHMOOD MIRZA, J.---- This is an application filed by the petitioner for placing on record the certificate issued by Headmistress Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab stating that the post of Elementary School Educator (Science-Maths) on minority quota is lying vacant in this school. This application is allowed subject to all just and legal exception.
MAIN CASE:
2. This writ petition call into question order dated 31-7-2019 passed by the Deputy Commissioner , Khushab/Chairman District Recruitment Committee.
3. The facts of the case in brief are that the petitioner applied for the post of Elementary School Educator (Science- Maths) but could not make up to the merit list. On account of the fact that the seats reserved for the minority quota were lying vacant, the petitioner filed an application before the Deputy Commissioner for being accommodated on the seat lying vacant in Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab. The said application was dismissed on the ground that the seats laying vacant under the minority and disabled quota are liable to be filled up under the new policy .
4. Clause 16(h) of the Contract Policy 2016-2017 is relevant for the purposes of the issue involved in this writ petition, which reads as under:-- Number of school specific posts of each category of Educator mentioned in the advertisement for minority quota shall be filled through minority candidates on merit. If minority candidate is not available then this post shall be filled through other candidates availabl e in the merit list for provision of teachers in the schools. (Emphasis Supplied)
5. It is apparent from clause 16(h) that in case a seat reserved for minority quota in not filled up on account of non- availability of suitable candidate, the same shall be available to other candidates on the open merit list. It is thus the obligation of the Education Department to fill up the vacant seats under the minority quota by issuing the appointment letter to the candidate on the open merit list who is entitled to the said post. As soon as the vacancy occurs on account of non-availability of the candidate under the minority quota, a right comes to vest in the next candidate available on the open merit list, which right cannot be denied on the ground that the seats shall be fill up under the next recruitment policy . The contract policy has been formulated by the School Education Department and the mandate of its various provisions has to be given effect by the said Department itself without the need for the eligible candidates to approach other adjudicatory forums.
5. The petitioner has today appended a certificate of the Headmistress of Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab which shows that the post of Elementary School Educator (Science- Maths) is still lying vacant in the said school.
6. In the circumstances, this writ petition is allowed and order dated 31-7-2019 passed by Deputy Commissioner , Khushab is set aside. The respondents are directed to process the case of the petitioner for her appointment to post of Elementary School Educator (Science-Maths) in Government Primary School, Dera Ghulam Hussain, Peelovinus District Khushab if she is otherwise eligible for the said post.