The respondent No. l advertised the post of Assistant Professor, Physical Education. The applications were invited through the daily `Jang' dated 4-12-1992. The last date for submission of the applications was 24-12-1992. The petitioner is employed as Director, Physical Education, Government College of Physical Education for Men, Ferozepur Road, Lahore. He submitted his application but he received a memorandum dated 28-7-1993 from the respondent No. 1 intimating him that the petitioner was short of 9 months, 17 days of the requisite experience of seven years.
The petitioner thereafter submitted an application appended as Annexure `D' and enclosed therewith a certificate dated 15-8-1993, issued by the Principal, College of Physical Education for Men, Ferozepur Road, Lahore. The respondent No.1 was not still satisfied with the experience of the petitioner and did not accept his experience as Director of Physical Education and informed him through memorandum dated 12-9-1993 that his admission form had been rejected. The petitioner has challenged this memorandum through the present Constitutional petition. The petition was admitted to regular hearing. The respondents contested the same by filing written statement.
2. Learned counsel for the petitioner has argued that in the year 1985, the petitioner applied for the post of Director, Physical Education in the Technical Wing of the Education Department. He was selected and posted as Director, Physical Education, in the Government Commercial Training Institute, Rahimyarkhan, where he served from 24-3-1985 to 11-10-1986. It is added that the petitioner has been teaching subject of physical education. Therefore, the respondents acted illegally while excluding this period from his experience. It is added that if this period is counted, then the petitioner has experience of more than seven years at his credit. It is added that the post of Director, Physical Education, is a teaching post. In this behalf, he has referred to Punjab Civil Service Pay Revision Rules, 1977 as revised and corrected up to 31-12-1981.
3. On the other hand, the learned Additional Advocate-General has argued that the petitioner was required, according to the instructions appended with the admission form, to produce certificate of experience. He produced one certificate, according to which his experience was worked out and the same was found insufficient. Thereafter, memorandum dated 28-7-1993, Annexure `C' was issued informing him that his application has been rejected on account of the deficiency in experience. The petitioner was further informed that in case he feels aggrieved for the reasons of rejection of his admission form communicated to him, then he may file an appeal to the Punjab Public Service Commission within 15 days of the issuance of this memorandum on reasonable grounds duly supported by the documentary evidence for reconsideration of the rejection order.
Accordingly, the petitioner filed an appeal to the Punjab Public Service Commission on 1.8-9-1993.
The same was accompanied by a certificate in which he was shown as lecturer since 24-3-1985 and another certificate from the Principal, Government College of Physical Education. The learned Additional Advocate-General with reference to these documents submitted that the period prior to 11-10-1986 still remained unexplained. It is added that the certificate issued by the Principal, was definitely incorrect because the petitioner was never appointed as lecturer on 24-3-1985. The respondent No. 1 after reconsidering the whole matter rightly rejected the appeal.
4. I have given my anxious considerations to the arguments of the learned counsel for the parties.
The petitioner was to qualify to prove seven years teaching experience. He, in order to prove the same in the first instance, produced certificate dated 21-12-1992 issued by the Principal, Government College for Physical Education for Men, Lahore, according to which he was Lecturer in his College since 11-10-1986. There is no dispute about this period. The same has been duly counted by respondent No. 1 when the petitioner was informed through Memorandum dated 28-7-1993 that his admission form has been rejected and he can file an appeal. The petitioner submitted another certificate from the same Principal, according to which, the petitioner joined Government service with effect from 24-3-1985. In this way, the period up to 10-10-1986 again remained unexplained. In the other certificate, he was shown as Lecturer since 24-3-1985. The same is patently incorrect. In this view of the matter, there is nothing wrong with the final rejection order dated 12-9-1993.
5. The petitioner has now appended a new' certificate from the Principal, Government Commercial Training Institute, Rahimyarkhan. This certificate is dated October, 1986. In view of this certificate, this writ petition was admitted to regular hearing but now it has transpired that this certificate was never submitted to the Punjab Public Service Commission in spite of an opportunity. Moreover, I have my serious doubts as to the authenticity of this certificate because if it was in the possession of the petitioner, there was no reason to withhold it specially when it advanced his career. It is a matter of great regret that the persons entrusted with education of future generation also indulge in such type of tactics and the same cannot be encouraged. This petition is without merit, therefore, the same is dismissed with costs.