This Constitutional petition arises in the following circumstances:- The petitioner did his Matric in 1st Division, did his F.A, in.2nd Division and is also a Graduate. He passed his P.T.C. Examination in 1st Division from Jamshoro. The petitioner was within the ambit of selection but he has been refused to be appointed merely on the ground that he obtained the P.T.C. Certificate from the Jamshoro University. It is submitted by the learned counsel that the petitioner is duly qualified to be appointed as P.T.C. Teacher and in the advertisement there was no condition that candidates holding P.T.C. Certificate from Jamshoro University shall be ineligible to hold the post of P.T.C. Teacher. Learned counsel has invited my attention towards Annexures ' F & G according to which one Ghulam Hussain who passed his P.T.C. Examination from Jamshoro was appointed on 30-9-1993. It is submitted by the learned counsel that the petitioner has been discriminated in violation of Article 25 of the Constitution.
2. Learned Assistant Advocate-General who is assisted by Mr. Tayyab Mehmood Sheikh, Legal Advisor of the Education department, states that in the advertisement regarding the appointments in question there was no condition that the holders of P.T.C. Certificates from Jamshoro University shall be ineligible to be appointed. Similarly, the appointment of Ghulam Hussain aforesaid who had passed P.T.C. Examination from Jamshoro, has not been denied.
3. Formally the writ petition was not admitted. However, I have heard the learned Assistant Advocate-General on behalf of the Punjab Government, who is duly assisted by the legal advisor of the Education Department. This petition will be deemed to be an admitted matter.
4. In the instant case the passing of the examination of P.T.C. From Jamshoro was admittedly not a disqualification to hold the post of P.T.C. Teacher. The Jamshoro University is a duly recognised seat of learning. Unless it is shown that the Degree/Certificate issued by this University is bogus and fake, the same has to be considered a valid degree/certificate. Resultantly this writ petition is accepted, with no order as to costs. It is; directed that the petitioner shall be appointed as P.T.C.
Teacher by respondent No. 1 within one week on the basis of merit, subject to availability of vacancy. If, however, vacancies have already been filled in he shall be appointed against any future vacancy because he has been unlawfully deprived of his due right of appointment.