' MUNIR A. SHEIKH, J.--Submits that the appellant was appointed as Senior Registrar under the Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979. He is, therefore, entitled to be considered for the post of Assistant Professor on the basis of the qualifications prescribe under the said rules. We would like to hear the Law Officer of the Federal Government at the limine stage.
2. Mr. Muhammad Hafeez Qureshi, Advocate, learned Standing counsel for Federal Government has appeared on Court's call. Copy of the writ petition has been handed over to him. He shall obtain instructions from the respondents and enter appearance on 22-4-1989.
' In this Intra-Court appeal, the appellant has challenged the correctness of order dated 28-11-1988 passed by learned Single Judge, dismissing his Writ Petition No, 6217 of 1988.
2. The facts giving rise to this appeal in brief are that the appellant was appointed as Senior Registrar (Paediatrics) on 12-9-1985 by the Government of Punjab. It is an admitted position that at that time, the appointments to the posts of Senior Registrar and Assistant Professor were regulated by the Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979. The qualifications prescribed for the post of Senior Registrar in these rules were as under:--
(i) M.B.B.S. Or equivalent medical qualifications recognized by Pakistan Medical and Dental Council (hereinafter mentioned as Council) with the following post-graduate qualifications:- 1\4.D. Or F.C.P.S. In the subject or other equivalent qualifications recognised by the council.
(ii) If no suitable candidate with any of the aforesaid qualifications is available then;
(a) M.B.B.S. Or equivalent medical qualifications recognised by the Council with post-gradudate (Diploma) qualification namely D.C.H. Or M.C.P.S. In the subject or other qualifications recognized by the Council; and
(b) Three years' practical experience in the relevant subject in a recognized institution before or after post-graduation.
' Whereas for the post of Assistant Professor the prescribed qualifications were as under:-- (i)(a)Qualifications as prescribed in clauses (i) for initial appointment to the post of Senior Registrar of the specialty and;
(b) Three years' teaching experience in the subject in a recognized institution before or after the post-graduate qualifications.
(ii) If no suitable candidate with the aforesaid qualifications is available, then (a) qualifications prescribed under clause (i) for initial appointment to the post of Senior Registrar of the speciality, and
(b) Five years' teaching or practical experience in the subject in a recognized institution before or after post-graduate qualifications.
2. It was pointed out by Mr. Muhammad Hafeez Qureshi, learned Standing ounsel for the Federal Government who appeared on Court's call that the appellant was not qualified to be appointed even as Senior Registrar as he did not fulfil the basic qualifications prescribed under clause (i) of the said rules, 1979 reproduced above and he was appointed under clause (ii) as no suitable candidate the any of the qualifications prescribed under clause (i) was available. The correctness of this fact was not even disputed by the learned counsel for the appellant. The Medical and Dental Council in exercise of powers under section 33 of the Medical and Dental Council Ordinance XXII of 1962 framed and approved on 15-1-1984, regulations for the appointment of Lecturers/Assistant Professors etc. Superseding the previous regulations. These regulations further directed that the persons appointed before 15-1-1984 shall continue to be governed by the regulations on the subject for appointment/promotion applicable to them at the time of their appointments in teaching cadre, It was in these regulations that it was provided that the holders of minor Diplomas like M.C.P.S. Etc. Shall not be selected for appointments as Assistant Professor etc. To bring the rules of 1979 in accord with these regulations, the Government of the Punjab in the Health Department amended the said rules vide Notification, dated 21-5-1988. In rule 3 the word schedule (i) was substituted for the word schedule and after rule 3 another rule 3-A was added. According to this newly added rule 3-A, minimum qualifications for initial recruitment w,e,f, 1-1-1987 for various posts in schedule (ii) were provided. This schedule prescribed the same qualifications as were provided in the regulations framed by the council and approved in 1984. The council accepted the request of the Health Department to enforce the said regulations of 1984 w,e,f, 1-1-1987 which brought uniformity in the operation of Punjab Health Department (Medical and Dental Teaching Posts)
Service, Rules, 1979 and the said regulations in the matter of appointments. According to substituted schedule (i) the qualifications prescribed for the post of Assistant Professor are as under:- "(a) Qualifications as prescribed in clause (i) or (ii) for initial appointment to the post of Senior Registrar;
(b) 3 years teaching or practical experience in the subject in a recognized institution before or after post-graduation;-- ' Ist Preference. Teaching experience.
'2nd Preference. Practical experience after post-graduation. 3rd Preference.Practical experience before post-graduation. Clause (i) and (ii) are as under:--
(i) M.B.B.S. Or equivalent medical qualifications recognized by the P.M.D.C. And the following post- graduate qualifications in the subject/specialty;-
(1) F.C.P.S. (Paediatrics)
(2) M.D. (Paediatrics). ' equivalent qualifications in the speciality recognized by P.M.D.C. Or ' F.C.P.S. (Medicine)/M.D. (Medicine), or equivalent qualifications recognized by the P.M.D.C. With Minor Diploma in Paediatrics recognized by the P.M.D.C.".
3. After 1-1-1987 seven posts of Assistant Professors fell vacant which were equired to be filled through direct recruitment as they were not promotion posts. Public Service Commission through advertisement published in the newspaper dated 11-11-1987 invited applications from such candidates who fulfilled the prescribed qualifications as noted above. The appellant was admittedly not qualified. He feeling aggrieved challenged the said amendment in rules 1979 prescribing qualifications for the post of Assistant Professor different from the qualifications as prescribed under original rules, 1979, filed Writ Petition No, 6217 of 1988 which has been dismissed in limine through the impugned order dated 7-12-1988 passed by the learned Single Judge.
4. Learned counsel for the appellant in support of this appeal argued that it was provided in regulations of 1984 in pursuance to which rules of 1979 have been amended, that the said regulations shall not have retrospective effect and that all the persons appointed before 15-1-1984 shall he governed by the regulations on the subject for appointments/promotions applicable at the time of their appointments to teaching cadre therefore, the appellant's right to seek appointment against the post of Assistant Professor under the unlamented rules of 1979 as they stood on 12-9-1985 when he joined service as Senior Registrar was fully safeguarded and he could not be deprived of that right under the rules as amended through the impugned amendments.
5. We are afraid, this argument is rested on erroneous assumption that the post of Assistant Professor is a promotion post and that by virtue of appointment of the appellant as Senior Registrar, the appellant was conferred any vested right to seek appointment against the post of Assistant Professor. Since under the amended rules even, the qualifications for the post of Senior Registrar have been radically changed therefore, the effect of the saving clause would be that the appellant's appointment as Senior Registrar would not be adversely affected though according to amended rules he was not qualified to hold that post even. Had post of Assistant Professor been a promotion post, the argument of learned counsel for the appellant would have some force since right to promotion under the unamended rules of 1979 was also saved by regulations of 1984. The post of Assistant Professor has throughout been treated to be a separate and independent post and not as a promotion post which post has no nexus with the post of Senior Registrar except that certain qualifications prescribed for both the posts were identical. The argument therefore, is found to be without any substance.
6. Additionally merely by virtue of his appointment as Senior Registrar the appellant has no locus standi to object to the amendment of the rules prescribing qualifications for the post of Assistant Professor. Under the law, the Government no doubt has ample powers to amend the rules and alter the qualifications prescribed for appointment against the various posts.
7. Learned counsel for the appellant when questioned frankly admitted that even according to the unlamented rules 1979, the appellant was not qualified to be appointed as Assistant Professor under the first part of the said rules which are the real qualifications for the said post and his chance to get appointment under the said rules was dependent on the non-availability of a candidate holding the said qualifications. Mr. Muhammad Hafeez Qureshi, learned Standing Counsel for Federal Government informed us that all the 17 applicants seeking appointments against 7 available posts of Assistant Professors are holders of basic qualifications prescribed under part (1) of unlamented rules, 1979. That being so, it was not a case of non-availability of a suitable candidate therefore, the appellant has no right under the unlamented rules, 1979 even, to be considered for the post of Assistant Professor and as such cannot be held to be an aggrieved person to maintain the writ petition as no right granted to the appellant under the law was denied to him.
8. For the foregoing reasons, we see no force in this appeal. The judgment of learned Single Judge in Chamber is perfectly in accordance with law and the rules and suffers from no legal infirmity.
The appeal is hereby dismissed in limine.