' ABDUL SHAKURUL SALAM, J.-The Punjab Public Service Commission vide its Notification No, 51-A/83 advertised one permanent post of Research Officer (Parasitology) in the Directorate of Veterinary.
Research Institute, Lahore. Similarly, vide Notification No, 53-A/83, two permanent posts of Reasearch Officers, one each for Goatpox and Tuberculosis, were also advertised in the Directorate of Veterinary Research Institute, Lahore.
2. Subsequently vide Advertisement No, 79-A/83, it was announced, in partial modification of Advertisement No, 5I-A/83 that nomenclature of the post of Research Officer (Parasitology) might be read as "Research Officer". Vide Advertisement No, 80-A/83, it was announced in partial modification of Advertisement No, 53-A/83 that the nomenclature of the posts of Research Officers (Goatpox and Tuberculosis) might be read as "Research Officers". Qualifications advertised for the aforementioned posts were :-
(1) Ph. D. In the relevant subject from a recognized University with basic degree in Veterinary Science and Animal Husbandry.
Or
(2) M. Sc. With major subject from a recognized University with basic degree in Veterinary Science and Animal Husbandry with 3 years experience after acquisition of M. Sc. Degree.
(3) M. R. C. V. S. Or basic degree in Veterinary Science or Medicine from a recognized University with other Post-Graduate Degree or Diploma in the specialty in the post, obtained after at least 9 months academic study with 5 years experience after acquisition of above prescribed minimum qualification.
3. The appellant obtained his basic degree in Veterinary Science from the College of Animal Husbandry, University of the Punjab, in 1967. He did his M. Sc. (Hons) in the Discipline of Parasitology in 1978 from the University of Agriculture, Faisalabad. His claim was that after acquisition of M. Sc.
Degree, he has earned five years' experience and was presently working as an Assistant Research Officer (Diseases) in the Department of Poultry Development Centre (Poultry Research Institute), Livestock and Dairy Development.
4. In response to the aforementioned advertisements, the appellant applied for one post of Research Officer (Parasitology) and another post of Research Officer in Tuberculosis. His applications were rejected by the Punjab Public Service Commission vide communication, dated 14th December, 1983 on the ground that he did not possess the requisite qualifications. He made a representation on 29th December, 1983 that he did fulfill the requisite qualifications as provided in para. 2 of the advertisement, but the representation was, again, rejected on 15th January, 1984. He filed a Constitutional petition bearing W. P. No, 283/84. During the hearing of the Petition, Dr. A. M.
Rauf, Director, Veterinary Research Institute, Lahore Cantt. Attended the Court on behalf of the Department. He intimated that "in fact the Public Service Commission was asked by him through the Director-General (Research), Livestock and Dairy Development Punjab, Lahore that the requirement, in case of three posts of Research Officers advertised by the Public Service Commission, was M. Sc. With major subject of Microbiology." In view of this, since the appellant did not have in his M. Sc. Major subject of Microbiology, rejection of his application by the Punjab Public Service Commission was upheld and the petition was dismissed vide order, dated 25th April, 1984 hence this Intra-Court Appeal.
5. The counsel for the appellant submitted that according to the advertisements issued by the Punjab Public Service Commission which were in accordance with the Punjab Veterinary Research Institute Service Rules, 1979, the appellant was fully qualified under clause (21) of the aforequoted qualifications i.e. "M. Sc. With major subject from are cognised University with basic degree in Veterinary Science and Animal Husbandry with 3 years experience after acquisition of M. Sc.
Degree." The appellant's applications have been rejected by the Punjab Public Service Commission in view of the communication from the Director, Veterinary Research Institute, Lahore, dated 6th December, 1983 that the requirement in case of three posts of Research Officers advertised by the Punjab Public Service Commission should be M. Sc. With major subject of Microbiology. It was submitted that neither the Department had any right to prescribe the qualifications not provided for in the Rules, nor, the Public Service Commission was right in accepting the communication after it had already publicly advertised the posts with the requisite qualifications provided in the Rules.
6. The learned Assistant Advocate-General who has been appearing in this case and has had consultation with the representative of the Public Service Commission and the Administrative Department concerned, states that for the three posts advertised one gentleman was selected and was offered the post. He has not yet joined. The administrative Department is now going to make a requisition with the Public Service Commission that all the three posts should be re- advertised in accordance with the provisions of the relevant Rules i.e. The Punjab Veterinary Research Institute Service Rules, 1979. The appellant may apply in pursuance of the advertisement to be issued by the Public Service Commission.
7. In view of the statement of the learned Assistant Advocate-General, the learned counsel for the appellant states that notwithstanding that the rejection of his application earlier was not in accordance with law yet he would like to withdraw this appeal to apply afresh for the aforesaid three posts when these are advertised on the requisition of the administrative department by the Public Service Commission in accordance with the aforequoted Rules. In view of the statements of the learned counsel for the parties, the appeal is allowed to be withdrawn and the parties left to bear their own costs.