1. Through this order I intend to dispose of Writ Petitions Nos.751-97, 679-97, 666-97, 590-97, 697-97, 379-97, 423-97, 622-97, 729-97, 731-97, 703-97, 365-97, 732-97, 730-97, 639-97, 582-97, 581-97, 555-97, 557-97, 746-97, 419-97, 3~0-y7, 734-97, 737-97, 346-97, 378-97, 715-97, 721-97, 693-97, 727- 97, 728-97, 618-97, 624-97, 492-97, 493-97, 494-97, 495-97, 496-97, 499-97, 498-97, 497-97, 530- 97, 542-97, 464-97, 490-97, 491-97, 308-97, 576-97, 462-97, 461-97, 692-97, 619-97, 688-97, 458-97, 745-97, 744-97, 665-97, 597-97, 364-97, 617-97, 373-97, 401-97, 294-97, 627-97, 361-97 362-97, 367- 97, 567-97, 566-97, 568-97, 569-97, 570-97, 463-97, 502-97, 551-97, 642-97, 643-97, 591-97, 592-97, 705-97, 678-97, 658-97, 659-97 667-97, 668-97 and 740-97 as the points involved therein -are identical having similar law and facts.
2. Facts briefly are that pursuant to an advertisement appeared in the daily press on different dates, applications were invited to fill the posts of EST. O.T.. P.E.T., D.M., P.T.C. And Class IV employees etc. The Education Department to fill up these vacancies formulated a policy whereunder the appointments were to be made purely on merit. According to this policy 85 % marks were earmarked for the academic qualification, 5% marks for extra curricular activities including sports and only 10% marks were earmarked for interview. To have the procedure transparent it was emphasised through Notification No.PA/D.S.(S)Misc/5/95, dated 4-1-1997 that the respective authorities on the receipt of application would first display on the notices of Board merit lists based or academic qualification for the information of the applicants. The final list inclusive of interview marks was to be displayed subsequently after completion of the interviews. The purpose to display the first list was that the candidates should know before hand their marks/position out of the marks reserved for academic qualification. It was further provided that any applicant/candidate dissatisfied with the final merit list would have an opportunity to file his complaint in writing as well as orally before the Appellate Committee comprising of Chairman, Board of Intermediate and Secondary Education, Director of Colleges as well as next superior officer of the competent Authority.
3. Arguments have been advanced by the learned counsel for the parties that the professional qualifications obtained by the petitioners from institutions other than the Province of the Punjab have not been considered. Even the professional certificate from Allama lqbal Open University, Islamabad have not been taken into consideration. Another argument has been advanced that the appointments have been made on the so-called Markaz basis and in other cases candidates from other Markaz have been accommodated while the locals have been discarded This policy of appointment from Markaz was only made by the politicians to cater their own favorites in their own area without there being any legal sanction. The earlier notification/instructions for quota of teachers' sons has not at all been considered by the competent Authority in spite of the fact that in the year 1993 this was enhanced, it is argued. In Writ Petition No. 692-97 it has been argued by Mst.
4. Rukayya Bibi that she has been meted out a discriminatory treatment for the appointment of Naib- Qasid in the Girls School where the male candidates has been accommodated. The sons of the Class-IV employees have also not been considered for the appointment of Naib-Qasid. It is also argued that in a clandestine manner just before appointment, certain teachers have been transferred to other Markaz depriving the candidates from competing for those posts. The interviews were held in haphazard manner and spurious sports certificates were provided by the functionaries so as to favour their own candidates. Another argument has been advanced that there was earlier notification that candidates would be accommodated on the year-- wise basis and the persons who have got qualification earlier in the would be preferred while the fresh incumbents would be considered subsequently. This policy according to the learned counsel has not at all been adhered to. The marks for Hafiz Quran or any extra curricular activities including those of sports were not given in an even handed manner.
5. As far as the provision of appeal is concerned learned counsel appearing for the parties have stated that in most of the cases appeals have been decided in a slipshod manner as the Education Officer did not provide my record to the Chairman, Board of Intermediate and Secondary Education. In this regard learned counsel have made reference to the havoc created by the District Education Officer Mr. Muhammad Hussain Goraya who as reflected from the D.O. No. 1529, dated 29-1-1997 from Chairman, Board of Intermediate and Secondary Education, Bahawalpur, addressed to the Secretary Education did not provide any record and instead created unrest in the District Bahawalnagar by preparing mysterious merit lists (W.P. No. 60? Of 1997 filed by Muhammad Hussain Goraya against his suspension order is also being decided through a separate order.
6. Mr. Tasneem Noorani, Secretary Education, Government of the Punjab present in Court has supported the policy mentioned in the preceding paragraph on the ground that it was a device to have appointments purely on merit basis. He has stated that in the Province of Punjab for the last three years there was no course for P.T.C. Teachers and professional certificates from outside the Province were not considered on the ground that most of them were of spurious nature as the candidates by misrepresenting their domiciles had secured such certificates from the Province of Sind. He has stated in categorical terms that the certificates from Allama Iqbal Open University, Islamabad duly signed by its Controller have been accepted. He has also stated that the appointments on Markaz basis were made of P.T.C teachers and Class IV employees mainly to safeguard the interest of the students as well as teachers so that being locals they would be in a better position to impart education. He has further stated that in the present policy there was no quota for teachers' sons. However, the presence of quota for Class IV employees has not been denied. He admitted before me that certain Education Officers did not adhere to the merit policy in letter and. Spirit and have dolled out posts for illegal consideration respecting which lie received many complaints. To weed out such irregularities/illegalities an Appellate Committee headed by Chairman, Board of Intermediate and, Secondary Education was constituted, he maintained.
7. I have given my anxious consideration to the entire facts of this case. I have noticed that the Secretary Education Mr. Tasneem Noorani from, his own side formulated a policy so that the posts in the Education Department are filled purely on merit basis uninfluenced by any other consideration. However, I feel sorry to observe that this policy was not at all followed by the appointing authority i.e. Functionaries of the respective Education Department in spite of the fact that these appointments were made at a the/juncture when there were no political activities. There are reports and it is also reflected from D.O. Letter of Chairman, Board of Intermediate and Secondary Education, Bahawalpur, that the District Education 011icer, Bahawalnagar played havoc in his area in the matter of appointments. At other place (Tamewali and Khairpur) there was a physical fight between the to Deputy Education Officers to have selectees of their own choice The situation was sorry deteriorated that Assistant Commissioner, Khairhur was constrained to intervene so as to control the situation. The charges of corruption have seriously been levelled.
8. Even the Appellate Committee constituted by Secretary Education could not deliver the goods as to must of the cases the record was not provided by the respective Education Officer The candidates/applicants were at all not given opportunity to ventilate their respective grievances.
9. Had they been given opportunity of hearing there was no reason left for them to make a grouse. I have also been told that all the appointments made by the District Education Officer, Bahawalnagar have been cancelled and same would be the position of Khairpur Tamewali. The Secretary Education as already stated had admitted that he to received reports respecting the illegalities and corruption committed by the Education Officers in the appointments in Bahawalpur Division.
10. After giving my anxious consideration to the entire facts of this case I am of the view that the matter be thrashed threadbare by the Appellate Committee by giving opportunity of hearing to the petitioners in the light of the direction/determinations made in the succeeding paragraphs so, as to achieve the maximum transparency in the appointments of the teachers who' are the backbone of our society. I have asked the Secretary Education to associate also his Additional Secretary, Education (Schools) in the Appellate Committee. The newly constituted Appellate Committee be comprised of Chairman, Board of Intermediate and Secondary Education, Bahawalpur with three members i.e. Additional Secretary, Education (Schools), Government of the Punjab (b) Director Colleges, Bahawalpur and next senior officer of the competent Authority. The Appellate Committee shall scrutinize all the appointments in the following terms.
(a) There was no justification to disregard professional certificates from outside the Province of Punjab without there being any valid reason. Accordingly, all the professional certificates from any recognised Institution outside Province of Punjab will have to be considered unless their authenticity is doubtful which can be got verified.
(b) There is no illegality in giving preference in the appointments of P.T.C. Teachers as well as Class IV employees on Markaz basis particularly so when their seniority is maintained on Tehsil basis. This method has rightly been pointed out by the Secretary Education has been adopted so as to have sure attendance of the teachers in the Elementary Schools situated in the far-flung areas. It is not denied by anyone that P.T.C. Teachers are always found absorbed in securing posting nearest to their abode. The policy in the circumstances has rightly been formulated to appoint teachers nearest to Elementary Schools which would certainly go a long way in improving the education in the area. This practice if implemented in letter and spirit would certainly, ensure the smooth running of the elementary schools on Markaz level. It is pertinent to mention here that the teaching posts of P.T.C., O.T. And D.M. Etc. Up to BS-15 are filled on District basis while posts above BS-16 are filled by Punjab Public Service Commission on Province basis. In these circumstances no illegality has been committed in making appointments of P.T.C. And Class IV employees on Markaz basis.
(c) Since in the new policy there is no quota for teachers' sons, as such, in these circumstances, no preference can be given to them. They have to compete with others on merits. However, there is still a provision for certain percentage of seats for the sons of Class IV employees as such their non-consideration on this basis have certainly prejudiced their cases. They belong to a down- trodden class, as such I would direct that percentage of Class IV employees' sons must be strictly adhered.
(d) The non-provision of seats to the invalid candidates in accordance with quota reserved for them under the law have prejudiced their cases. The Appellate Committee shall ensure that the invalid candidates are accommodated on their own merits on the postsreserved for them under the law.
(e) The Appellate Committee shall also ensure that in Girls Institutions, lady shall be given preference except the posts which cannot easily be tackled by a female i.e. Security guard, Chowkidar and Mali etc I have also been told that the Education Department has issued such like instructions but those have not been implemented in letter and spirit.
11. The other argument that the appointments be made on year-wise basis and the candidates who have qualified earlier in the shall be given preference is devoid of any force. This if adopted, would completely frustrate the merit policy and the education field would be deprived of new blood and new techniques. Last but not the least the Appellate Committee shall ensure that the merit is calculated on proper certificates as there are complaints that most of the candidates have not been given marks for extra curricular activities and Hafiz-e-Quran.
12. Before parting with this order I would direct the Secretary Education to stream-line the deteriorating conditions of Education Department in Bahawalpur Division. He should proceed not only departmentally but also get criminal cases registered against all those who have frustrated the merit policy in the appointments and admittedly taken illegal gratification from down-trodden people. Before taking aforesaid action he should immediately transfer 411 those officials from the administrative posts who have either completed their tenure or against whom he has received complaints of illegalities. In the ladies institutions he shall ensure that the female candidates shall be accommodated against all posts inclusive of clerks except as already stated that there could be exception in the appointments of security guards/Chowkidars and Mali etc. From male side. The writ petitions are disposed of with the direction to the petitioners to approach the Appellate Committee in the office of the Chairman, Board of Intermediate and Secondary Education, Bahawalpur on 15-3-1997 where the matters would be decided by providing full opportunity of hearing to the parties concerned.
13. I must appreciate the labour undertaken by the Secretary, Education Government of the Punjab as well as learned Assistant Advocate-General both of whom have worked hard so as to ameliorate the plight of the sufferers.
14. Learned Law Officer is directed to transmit this order to the Secretary, Education, Government of the Punjab for compliance. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.