FAZAL SUBHAN, J.- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (constitution) the petitioner have prayed as following:- "It is, therefore, most humbly prayed that on acceptance of the instant writ petition the respondent No. 02 may please be directed to remove the entries of non matching of address in both the CNICs of the petitioner from merit list and after giving age relaxation of about two years to the petitioner, appoint the petitioner as PST BPS-12 in Govt. Primary School Sharkool union council Chattar Plain or in any other school of union council Chattar Plain Tehsil & District Mansehra which is near to the residence of the petitioner or any other relief for which the petitioner is entitled keeping in view the facts and circumstances of the case".
2. Facts of the instant writ petition are that respondent No. 3 advertised some posts in Daily Mashriq and petitioner being eligible applied through online for the post of PST (BPS-12) and appeared in test and obtained 115.34 marks and he was placed at Serial No.11 of the merit list. That petitioner is permanent resident of Village Sharkool, Revenue Estate Laachi Mang, Post Office Chattar Plain, Tehsil & District Mansehra and all his other family members are also residing there. That the petitioner passed his SSC examination from Govt. High School Garhi Habibullah, Tehsil Balakot District, Mansehra and he was issued Character Certificate with same address and Secretary, Union Council, Lumberdar Village Sharkool and Chairman Village Council Sharkool Chattar Plain also issued Permanent Resident Certificate (PRC) to petitioner. That his domicile prepared in the year, 2001 is also of Village Sharkool Chattar Plain, Tehsil & District Mansehra and marriage of petitioner was also solemnized in same village. Similarly, the property of father of petitioner is also situated in the same Revenue Estate. That the petitioner earlier filed writ petition which was disposed of by this court being premature. That now respondent No. 3 has finalized the merit list and appointed the candidates. That there are 14 posts of PST (BPS-12) in Union council Chattar Plain, Tehsil & District Mansehra and respondent No. 3 appointed only 09 candidates. That the respondents are legally bound to appoint the petitioner on the vacant post. Feeling aggrieved from the refusal of respondents to appoint petitioner, he filed instant writ petition.
3. On filing the writ petition, para wise comments were called from respondents No. 1 to 3 which were duly filed.
4. Arguments of learned counsel for petitioners and learned AAG heard and record perused.
5. On consideration of available record, it is evident that the respondents published an advertisement to fill the posts of Primary School Teachers (BPS-12) wherein a cut of date is mentioned as 15.12.2021 and it was specifically mentioned in the general conditions that after the cut off date change in the permanent address would not be accepted. The posts of Primary School Teachers were to be filled from Union Council's quota. The new CNIC issued to the petitioner on 21.06.2022 shows his permanent place of residence as Sharkool, Post Office Chattar Plain, Mansehra, however, the new CNIC was procured after cut off date of 15.12.2021 and though petitioner stood at Serial No. 11 of the merit list for Chattar Plain but he was not selected due to change of address in the CNIC after cut off date. Section 3 of the Khyber Pakhtunkhwa, Appointment, Deputation, Posting and Transfer of Teachers, Lectures, Instructors, and Doctors, Regulatory Act, 2011 has laid criteria for appointment of Primary School Teachers, which is reproduced for convenience sake:- "3. Appointment, posting and transfer of primary school teachers.--
(1) The vacancy of primary school teacher shall be filled in from the candidates belonging to the Union Council of their permanent residence mentioned in their Computerized National Identity Card and domicile, on merit and if no eligible candidate in that Union Council is available where the school is situate, such appointment shall be made on merit from amongst eligible candidates belonging to the adjacent Union Councils: Provided that on availability of a vacancy, a primary school teacher, appointed from adjacent Union Council, as referred to in this sub-section, shall be transferred against a vacant post in a school of the Union Council of his residence within a period of fifteen days.
(2) Upon marriage, the primary school teacher on request may be transferred to the school in the Union Council, where his spouse, ordinarily resides, subject to the availability of vacancy.
(3) The primary school teacher shall be transferred to other school within the Union Council on completion of tenure as may be prescribed subject to the policy of rationalization for maintaining certain student teachers ratio, if any.
(4) Government shall, within a period not exceeding one year of the commencement of this Act, make arrangement for posting of all the primary school teachers appointed prior to coming into force of this Act, to the schools of their respective Union Councils or adjacent Union Councils, as the case may be".
6. The said rule has prescribed that the post of Primary School Teacher is to be filled from the candidate of union council of their permanent residence mentioned in their CNIC and domicile, on merit. The petitioner has obtained fresh CNIC after the cut off date. Similarly, the permanent resident certificate from Secretary Union Council and Chairman Village Council were also issued much later then the cut off date while his old CNIC issued on 20.10.2016 shows his address of Mohallah Khwajgan, Ghari Habibullah. Thus, the petitioner was not eligible to be appointed as Primary School Teacher on the closing date, having permanent address of Ghari Habibullah, hence, he cannot claim his appointment against the post of Primary School Teacher falling in union council Chgattar Plain.
7. This being the statutory position, the petitioner has been unable to convince us about his eligibility for appointment as Primary School Teacher for union council Chattar Plain, hence, his petition being without any substance is dismissed.