The Punjab Public Service Commission advertised one post of Assistant Professor (Bacteriology) on all Punjab basis with the following qualifications and experience:-
(a) (i) M.B.,B.S. Or equivalent medical qualification recognised by the PMDC;
(ii) Postgraduate qualification in order of preference D.Sc., Ph.D., FCPS, M.D., M. Phil., M.S./M.Sc. (of to years duration) in the subject/speciality or in Community/Medicine/Community Health/Public Health with major subject/dissertation in Bacteriology/Microbiology/Tropical Medicine or equivalent qualifications recognised by the P.M.D.C.
NOTE: Persons without post-graduate qualifications or minor diploma holders are not eligible for appointment as Assistant Professor and above.
(b) Five years teaching or practical experience before or after post--graduate qualification in the relevant subject in order of performance, as under:- 1ST PREFERENCE: Teaching experience.
2ND PREFERENCE: Practical experience after postgraduate qualification.
3RD PREFERENCE: Practical experience before post-graduation.
(c) Credit shall be given to the original Research Work published in a Standard Medical Journal, approved by the P.M. D.C."
Eight persons including the petitioner and respondent No. 4 applied for the post. Six candidates who had been found eligible were called for the interview on 7-1-1997. As per the report submitted by the Public Service Commission, in the interview only three candidates were found suitable and Dr. Robina Hafeez (respondent No.5) being at merit No. 1 was recommended by the commission for appointment as Assistant Professor (Bacteriology). So far as the petitioner is concerned he could not qualify in the interview.
2. The petitioner has filed the present Constitutional petition, for a declaration that the candidates who did not have the requisite experience and qualification may be declared ineligible for appointment as Assistant Professor (Bacteriology). In the writ petition filed on 9-1-1997 interim relief prayed for was that the Public Service Commission tray be restrained from declaring the result of the selected candidates. The writ petition for the first the came up before this Court on 13-1-1997.
The candidates who had appeared in the interview and who were ineligible to apply for the post according to the petitioner, had not been cited as respondents in the petition. Therefore, these candidates were directed to be impleaded as respondents and the Public Service Commission was restrained from making final recommendation, vide order dated 13-1-1997. The amended writ petition was filed on 19-1-1997, in which five candidates have been cited respondents Nos. 4 to 8.
3. The report received from the Public Service Commission shows that the name of respondent No. 5 being at top of the merit list had been recommended for appointment on 12-1-1997 before the passing of the injunctive order. In pursuance of the recommendation of the Commission respondent No. 5 has already assumed the charge of the post of Assistant Director (Bacteriology) on 23-1-1997.
4. It is submitted by the learned counsel for the petitioner that so far as the academic qualification is concerned respondent No. 5 is duly qualified to hold the post as like the petitioner she holds the M. Phil. Degree in the subject of Microbiology. However, his precise objection is that respondent No. 5 does not have the requisite teaching experience of five years in the relevant subject of Bacteriology. The case of the petitioner is that only the petitioner had the requisite teaching experience and, therefore, she should have been selected and appointed as Assistant Professor (Bacteriology) in preference to all other candidates.
5. The learned Assistant Advocate-General, on the other hand, has vehemently opposed the writ petition. It is submitted by him that since the petitioner did not qualify the interview she was rightly not recommended by the Public Service Commission notwithstanding her eligibility to hold the post. It is submitted by the learned law officer that respondent No. 5 has a Brilliant academic record, in that, she obtained gold medal in the subject of Pathology and obtained Roll of Honour from the University. Regarding the teaching experience, it is submitted by him that respondent No. 5 has the requisite teaching experience, as she remained demonstrator of Pathology for more than to years and demonstrator in Microbiology for four years. A certificate has also been placed on record issued by the Head of the Pathology Department, Allama Iqbal Medical College, Lahore to the effect that respondent No. 5 taught the subject of Microbiology (Bacteriology) for 18 months when she was demonstrator of that college from 15-10-1986 to 30-10-1989. The relevant portion of this certificate which is also signed by the Principal of the College is reproduced below:- "This is to certify that Dr. Robina Hafeez d/o M.A. Hafeez is working in the Pathology Department of Allama Iqbal Medical College, Lahore. She served as demonstrator from 15th October, 1986 to 30th October, 1989. During her stay she worked in the following sections:-- "Haematology 6 months Chemical Pathology 6 months Histopathology 6 months Microbiology (Bacteriology)18 months."
6. I have heard the learned counsel and perused the material on the record The report submitted by the Public Service Commission shows that Pathology is the mother subject which includes Microbiology as its major speciality while Bacteriology is a sub-speciality of Microbiology. The report further shows that the Selection Board which interviewed the candidates comprised of five members including Professor Dr. Shahbaz Awan (Professor of Pathology of Allama lqbal Medical College) and Dr. Syed Abdul Rashid (Associate Professor of Bacteriology of the Institute of Public Health, Lahore). Both of them worked as advisor members of the Selection Board. Incidentally the petitioner had worked and gained experience under Dr. Syed Abdul Rashid who also issued experience certificate in favour of the petitioner. The eligibility of the various candidates was examined and approved by a committee comprising of Dr. Muhammad Jamil Akhtar (Professor of Pathology and former Principal of a Medical College) and Dr. Jamil Iqbal who is Professor of Microbiology in the Sheikh Zaid Federal Post Graduate Medical Institute.
7. The bio-data of respondent No. 5 reads as follows:- Qualification.
M. Phil. Microbiology.
Experience. YY-MM-DD
(a) Demonstrator Pathology (P.19) 27-12-1986 to 21-3-1989.02.02.24
(b) Demonstrator Microbiology (P/22) 29-9-1992 to 15-9-1996.3-11-26
(c) Study Period M. Phil.
Microbiology (P/21)
4-10-1989 to 29-91992 (Max.) 02-00-00 As earlier mentioned, Bacteriology is the sub-speciality of the subject of Microbiology. Admittedly respondent No. 5 has the teaching experience in Microbiology for nearly four years and as mentioned earlier she has 18 months teaching experience in Bacteriology while posted as demonstrator of Pathology Therefore, she has the requisite experience of five years in the relevant subject. The argument of the learned counsel that teaching experience of respondent No. 5 in Microbiology cannot be considered to be experience in Bacteriology is self-destructive. Admittedly, the petitioner like respondent No. 5 holds postgraduate degree of M. Phil. In Microbiology. On the basis of this degree he claims to be qualified to be appointed as Assistant Professor of Bacteriology. If the degree in Microbiology can be considered to be the qualifying degree for Bacteriology then there is no reason why the teaching experience in Microbiology should not be considered to be experience in Bacteriology. What is considered to be the relevant subject for the purpose of education/Academic degree should equally apply for the experience.
8. Be that as it may, the question whether the candidates had requisite qualification in the relevant subject was to be decided by the Committee comprised of to eminent professors who finally declared that respondent No. 5 was eligible for the post of Assistant Professor of Bacteriology.
Similarly, the Selection Board also included to professors as advisor members and one of them was no less a person than the petitioner's own Associate Professor under whom she has been working and who had given her experience certificate. It means that the question of eligibility of respondent No. 5. Had been determined by four eminent experts in the field. As against their opinion, it cannot be Held on the asking of the petitioner that respondent No. 5 is not eligible for want of expectance in the subject. It is well-settled that this Court in Constitutional jurisdiction cannot decide the disputed questions of fact. Whether respondent No. 5 does not hold the requisite experience in the relevant subject involves technical intricacies and questions of such like factual controversies cannot be gone into by this Court. This question squarely fell within the purview of the experts who have already unanimously held that respondent No. 5 is dull- qualified to hold the post of the Assistant Professor of Bacteriology and has the requisite experience.
9. So far as the petitioner is concerned, he has not been found suitable to hold the post in question by the Selection Board, which included three eminent personalities belonging to the medical profession. The petitioner, therefore, cannot in any case be appointed as Assistant Professor of Bacteriology notwithstanding his eligibility to hold the post. In this view of the matter the petitioner is not even an aggrieved person to challenge the appointment of respondent No. 5.
10. For what has been discussed above, this writ petition is dismissed in limine. Respondent No. 5 who has already been appointed as Assistant Professor (Bacteriology) in pursuance of the recommendation of the Punjab Public Service Commission shall continue to hold the post, in accordance with law: