This petition under Article 199 of the Constitution has been filed for issuance of a direction to the University of Agriculture, Faisalabad to make appointment of Assistant Professor in the Department of Plant Pathology after due advertisement of the post in the National Press.
2. The relevant facts are that the respondent-University wanted to fill up the post of Assistant Professor in BS-18, on temporary basis in the Department of Plant Pathology. Applications for the above post were invited through circulation of the news/advertisement in the 'Campus News' of the University, dated 7-6-1995. Applicants were required to hold the following prescribed qualifications: - "13(b)(1). First Class Master's Degree/CGPA-3(B) in the relevant subject/First Class B.Sc. (Hons.)
(Agri.)/CGPA-300(B) (Four years course) in the relevant subject or equivalent qualification with 6 years teaching/research experience in a recognised University or a post-graduate institution as a Lecturer or professional experience in the relevant field in a national or international organisation.
Or
(2) Master's Degree from a foreign University or M. Phil. From a Pakistani University plus four years teaching/research experience in a recognised University of professional experience in the relevant field in a national or international orgnaisation, or (3)Ph. D. With to years teaching/research experience in a recognised University or professional experience in the relevant field in a national or international orgnaisatio: Provided that the working Lecturers appointed against regular posts before the date of approval of National Pay Scales Statutes, who do not possess the qualifications prescribed under sub- paragraph 13(b)(1) may be considered for appointment to the posts of Assistant Professor."
The applications were required to be made in prescribed form with cross postal order of Rs.100, to be submitted in the office of the Registrar of the University by 15-6-1995. The other conditions were as follows: -- "(2) Only one copy of the application is required for the post of Assistant Professors with attested copies of certificates, testimonials, detailed marks certificates, experience certificates with specific dates, transcripts and a crossed postal order of Rs.100 drawn in favour of Treasurer, University of Agriculture, Faisalabad.
(3) Persons already employed in any Government or other organisations should submit their applications through proper channel. Advance copies may, however, be sent to save the. The requisite No Objection Certificate from present employer must reach in the office of the Registrar (Personnel Section) before or on the last date for receipt of applications, failing which such candidates will not be allowed to appear for interview.
(4) The University reserves the right not to fill any vacancy without assigning any reason therefore or consider a person for appointment in a lower cadre against the posts advertised.
(5) Incomplete applications or those received after the due date will not be entertained. The applications should reach the office of the Registrar (Personnel Section) by 15-6-1995 during office hours."
3. The petitioner applied for the post in question but the same was not received in the office on the ground that it was incomplete. The petitioner has approached this Court for appropriate direction to the University for filling the post after due advertisement in the national press and to consider the case of the petitioner alongwith other candidates.
4. The petitioner appeared in person and has submitted that the advertisement in the 'Campus News' is no advertisement in the eye of law. It is urged that Campus News' is the internal news bulletin of the University, which is read only by the students and the teachers of the University. It has no circulation outside the University and people living outside Faisalabad remain unaware of the news that appear in the 'Campus News'. It has been submitted by the petitioner that the advertisement was not made consciously in the national press so that competent persons from outside the University may be debarred from applying for the post and favour may be shown to some particular person of the choice of the Officers of the University. It has been pointed out that whenever posts are sought to be filled by the Agriculture University, proper advertisements are made in the national press. My attention has been drawn to the cutting of the daily 'Jang' Lahore dated 6-10-1992, which has been placed on record. In this newspaper advertisement with regard to the posts of Assistant Professor and Associate Professors in various specialities of the University has appeared. It is urged that in the instant case the procedure for advertisement in the national press was not followed and instead news item was given in the domestic news bulletin of the University for filling up the post of the Assistant Professor in the department of Plant Pathology with ulterior purpose.
5.The writ petition was admitted on 14-2-1996 for regular hearing and parawise comments were also invited. Subsequently on 26-6-1996 the Registrar of the University was asked to appear in person to explain under what authority of law the University was making recruitment with advertisement in University's local campus news.
Today Registrar of the University is present alongwith Mr. Muhammad Nawaz Kasuri, advocate the learned legal advisor of the University. It has been admitted before me that the advertisement for the post in question has not been made in the national press and the applications have been invited through the 'Campus News' only. The Registrar of the University, however, has explained that there was no motive for not properly advertising the post in the national press and the applications were invited through the University News Bulletin to meet the emergency, which arose for filling up the post on temporary basis. According to him, since it was not a case of permanent appointment, it was thought advisable to invite applications by publishing the same in the local news bulletin.
The legal advisor of the University and the Registrar have stated that they do not contest the legal position that posts in the University should be filled in after due advertisement in the national press and they promise to fill in the post after making proper advertisement.
6. So, far, so good. But the question arises why should a senior post of the Assistant Professor in the University was at all thought to be filled without proper advertisement of the post in the national press. I have taken very serious view for the matter and want to make judicial pronouncement so that no laxity is shown in future by the concerned functionaries in making appointments without proper advertisements in the National Press.
7. The purpose of making advertisements for the purpose of recruitment against various posts in the Government and public institutions is that fair opportunity should be granted to all eligible persons who may apply and contest for appointment. While on the one hand, it gives an opportunity to the eligible persons to contest for a particular post on the other hand it gives opportunity to the employer to select the best person for the job in question. The requirement of due publicity of the post in the press is also relatable to the Constitutional guarantee provided by Article 25 of the Constitution, which enjoins that all citizens are equal before law and are entitled to equal protection of law. This means that in the matter of appointments in the Government or Government controlled agencies all eligible citizens should have equal opportunity to contest for the appointments against posts in the public sector. Article 27 also provides safeguard against discrimination in services. This Article reads as under: -- Safeguard against discrimination in service.---(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth: Provided that ... .... ... ... ... ... ... ... ... ... ... ... ... ...
Provided further that ... ... ... ... ... ... ... ... ... ... ... ... .
(2)... ... ... .. ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ..."
Article 3 of the Constitution embodies the basic principle of "from each according to his ability, to each according to his work". Article 37 of the Constitution also requires that the people should be enabled to participate fully in all forms of national activities, including employment in the service of Pakistan. Similarly, clause (b) of Article 38 requires that the State shall provide for all citizens, within the available resources of the country facilities for work and adequate livelihood. Therefore, in order to achieve the objectives contemplated in the Constitutional commands referred to above, it is absolutely essential that every person who is eligible for a particular post should be given all reasonable opportunity to contest for the same. Whether it be to avoid discrimination or to have from each according to his ability or provide facility for work to everyone or to give opportunity to the citizens to earn their livelihood, it is imperative that proper opportunity must be afforded to all concerned to come forward and apply and contest for the post. This objective can be achieved if people have reasonable notice through advertisement in the national press.
8. In the instant case, I have noticed with pain that no advertisement in the national press was made and instead the post in question was published in the University News Bulletin. But what is still more painful is the fact that only seven days margin was given to the applicants. Naturally only the local persons stationed in University Campus could be benefited by this publication. May be a person most qualified for the job is sitting in Lahore or Peshawar. He is not expected to have the information with regard to the advertisement and apply for the post within the prescribed period.
The mechanics or the methodology adopted by the University in circulating the news for filling up the post in question in the local 'News Campus' of the University is nothing more than fraud played on the instructions/rules which require due advertisement in the press before making appointments against various posts. I believe the Registrar that in the instant case there was no mala fides involved and the post was advertised through the 'Campus News' with all best intentions, but the all important thing is that the methodology adopted by the University in the instant case is capable of being abused by interested authorities in other cases. Where a practice or engineered methodology is capable of being abused the same cannot be countenanced and it requires to be stuck down.
9. For what has been stated above, it is declared that the advertisement of the post of Assistant Professor in the 'Campus News' of the Agriculture University, Faisalabad is without lawful authority and of no legal effect. It is directed that the University should make due advertisements in the national press for making recruitments in the University. The writ petition is accordingly accepted in the above terms, with no order as to costs.
10. Before parting with the case, it may be observed that the dictum laid down above is not for adherence only by the University of Agriculture, Faisalabad. It must be adhered by all State functionaries before making appointments against public posts. It is, however, clarified that the requirement of advertisement of posts in the national press will not be applicable to those posts or offices for which applications are not required to be invited but the same are offered to the persons who are thought by the concerned Government/authorities suitable to hold such posts/offices.