' ABDUL KARIM KHAN KUNDI,J.--Writ Petition No.422/81d the background of facts that by advertisement No.3/86 dated applications were invited by the N.-W.F.P. Public Service Comm._ (respondent No.2) (hereinafter referred to as Commission) fro' Pakistani Citizens of N.-W.F.P.
Domicile for numerous posts includin one post of Warden (Female) for Khyber Medical College, Peshawar. Qualifications for the said post were prescribed in (i) 2nd Class M.A/M.Sc. And (ii) three years administrative experience in a college or Department with age limit 25 to 35 years. Mrs. Farida Begum serving as Warden in Nursing Hostel, Khyber Hospital, Peshawar (Petitioner) had also applied for the said post, besides one Mrs. Mumtaz Begum daughter of Sher Zaman, Warden, Khyber Medical College, Girls Hostel, Peshawar University (respondent No.4). Commission had sent a letter dated 10-8-1986 to the petitioner that the Commission had not called her for examination/Interview since she did not satisfy the basic conditions of requisite experience after obtaining Master's Degree. In response she made a representation that the very advertisement did not specify experience after the basic qualification and further claimed that she duly possessed the requisite experience, seeking reference to a certificate annexed with the application issued by the Administrator, Khyber Hospital, Peshawar, certifying that she has been working as a Warden Khyber Nursing Hostel since 22-11-1981 till the date and that her post was administrative post and was concerned with all types of hostel's problems. In reply the Commission addressed a letter dated 10-9-1986 reporting that the Commission as a policy takes into consideration only that experience which is after the academic qualification, if not specifically provided otherwise in the rules/advertisement. The petitioner asked for a copy of the Commission Policy Decision as mentioned in the reply but there was no further response from the Commission, at last obliging her to file a writ petition. Pending her Writ Petition the Commission interviewed and selected the only other candidate Mrs. Mumtaz Begum (respondent No.4) as Warden (Female) for Khyber Medical College, whose selection and appointment were also impugned in the writ by way of amendment, impleading her also as respondent.
2. At the hearing petitioner was represented by Mr. Abdul Hamid Qureshi, Advocate, Government and the Commission by the learned Advocate General and Mrs. Mumtaz Begum (respondent No.4) by Mr. Tahir Mahmood, Advocate. One official of the Commission has brought along the original file and the Pamphlet titled Policy Decisions, N.-W.F.P. Public Service Commission, Peshawar, 1975. There were also earlier placed on file copies of the advertisement, academic and experience certificates of the petitioner and other instructions and letters regarding requirement of experience prior to and post of the basic qualifications for the post.
3. First a reference is made to the recruitment rules in respect of gazetted posts (other than doctors) in Khyber Medical College, Peshawar framed in pursuance of the provisions contained in sub-rule (2) of rule 3 of the N.-W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1975, by the Health Department in consultation with the Services and General Administration and Finance Departments. For the post of Warden (Female) the minimum qualifications for initial recruitment to the post are prescribed in (i) M.A. /M .Sc. In at least 2nd Division from a recognized University and (ii) three years' administrative experience in a College or Department with age limit 25/35 years. On the subject the Commission, however, banked upon Policy Decision No.168 of the West Pakistan Public Service Commission, Lahore contained in the memorandum dated 8-7-1969 that in direct recruitment cases where the nature of the experience has been prescribed as post graduate, only that experience should be counted which has been acquired by the candidate after he has obtained the qualification equivalent to graduation and all other experience, for the purpose of determining the eligibility, should be disregarded. It was further laid down that for non- professional candidates experience should be counted after they have obtained the minimum qualifications laid down for the post e.g. M.A. /M.Sc. Etc. On the strength of the above Policy Decision only experience after obtaining the minimum qualification for the post shall be relevant and that in the case in hand the petitioner was to possess three years' experience after obtaining her M.A.
Degree in the year 1985. The above Policy Decision cannot, however, be interpreted as canvassed by the Commission because it firstly lays down that where the nature of experience has been prescribed as post-graduate, only then such experience shall be counted as acquired by the candidate after obtaining the qualification equivalent to graduation and other experience acquired before graduation shall be dis-regarded. Besides in the recruitment rules, statutory in status and character, the nature of the experience has not been specifically prescribed as post- graduate. Hence Policy Decision No.168 has been found on one hand applicable only in cases where the nature of experience has been prescribed as post-graduate that only experience acquired after obtaining the qualification of graduation will be counted while on the other hand the Policy Decision has to give way to the statutory recruitment rules which for the post in hand have prescribed three years administrative experience in a College or department without qualifying the said experience as post-graduate.
4. Not that but Policy Decision No.168 of the time of West Pakistan has further been qualified and confined in application by the Policy decisions, N.-W.F.P. Public Service Commission, Peshawar, 1975 which lay down in Policy Decision No.7 that an advertisement shall contain a note where experience forms part of requisite qualification that only such experience shall be considered which has been gained after acquiring the minimum educational qualification. The advertisement for the post has not been found appended to any such note and in the absence thereof the experience for the post cannot be confined only to post graduation experience.
5. For all that we have formed a confirmed view that letters dated 10-8-1986 and 10-9-1986 issued by the Commission to the petitioner disqualifying her as a candidate for the post of Warden (Female) for want of requisite three years administrative experience in a College/Department after passing her M.A. Examination in the year 1985 and not counting her such administrative experience before acquisition of said academic qualification are the acts without lawful authority on the part of the Commission, apt to be declared to be of no legal effect. We would accordingly issue directions to the Commission to acknowledge and accept the petitioner as eligible candidate for the post of Warden (Female) and to take her examination/interview for the said post in two months' time. Herein since there were only two candidates for the said post and Mrs. Mumtaz Begum (respondent No.4) was examined/interviewed and selected as being the only candidate in the absence of the petitioner we would, therefore, preferably suggest to the Commission to call her along for the examination/interview for a fair comparative selection for the post of Warden (Female), Khyber Medical College, Peshawar. Question of interpretation of rules/regulations was involved in the writ, we would. Therefore, refrain to burden any party with the costs. Orders accordingly.