MUHAMMAD NASEEM CHAUDHRI, J.-- The facts giving rise to this writ petition are as under: 2, The posts of PTC teachers fell vacant in District Narowal. The applications were invited in accordance with law. Sakhawat Ali submitted his application to contest for the post of a PTC teacher even though he Is having the qualification of FA.CT. The candidates having the PTC qualification submitted their applications and competed. The Recruitment Committee did not consider the case of Sakhawat Ali on the ground that the basic requirement for the post of PTC teacher was determined as Matric with PTC while the petitioner was FA. CT and that a candidate having the qualification of FA. CT could be considered if Matric PTC teacher was not available.
Consequently Sakhawat Ali was not recruited.
3. Feeling aggrieved the petitioner has filed this writ petition on the grounds that the Deputy Commissioner/Chairman Recruitment Committee, Narowal and Deputy District Education Officer(M), Narowal/respondents No. 1 and 2 did not exercise their jurisdiction judicially and in accordance with law as well as the policy laid down by the Government; that respondents No. 3 to 13 have been appointed without merit under the political influence and recommendations; that the petitioner was entitled to equal protection who could not be discriminated, that the Merit Policy formulated by the Government of the Punjab has been ignored and that he has been deprived of his right for open competition for selection on the basis of merit by the respondents No. 1 and 2 on extraneous grounds and considerations.
4. The comments were called from respondents No. 1 and 2 which have been received wherein it is narrated that the Merit Policy announced by the Government has been followed and that the petitioner was FA. CT who was not selected as Matric PTC candidates were available. It was contended that after performance of all the formalities the. Recruitment was made without any type of discrimination and without political influence.
5. 1 have heard the preliminary arguments addressed by the learned counsel for the petitioner who mainly laid the emphasis that the petitioner had better merit of marks in the Matriculation Examination qua many selected PTC teachers and that he was also Factsheet referred to the Policy of the Government whereby the candidates having better qualification and contesting for a post of lesser qualification were to be granted more marks at the time of competition and selection. He canvassed that the petitioner was willing to impart education against the post of Matric PTC while he has the qualification of FA. CT and that he has been ignored illegally and with mala fides.
6. I do not agree with the learned counsel for Sakhawat Ali petitioner and hold that this writ petition has no merit. In this regard I express my reasons as under:
(i) In PTC Course Class the preference is given to the candidates possessing the qualification of having passed Matriculation Examination and in case this list is exhausted the candidates having the higher qualifications of FA. Or BA. Are admitted. The wisdom behind such a rule and practice is that the chance of employment to the candidates having the minimum qualification is granted and availed. Same is the practice in Patwar School Classes. Even in MBBS Course the preference is given to the students who have passed the F.Sc. Examination on merit and the candidates possessing higher qualification of B.Sc are not admitted. In Technical and Professional Institutions the candidates possessing the minimum/lowest qualification are granted the admission so that persons from every walk of life are able to earn their livelihood after the acquisition of the necessary qualification. Even though Sakhawat Ali petitioner had qualified his FA. Examination, he opted to get himself admitted in CT Class Course and acquired the aforesaid Diploma having passed the Examination.
(ii) After advertisement was effected to fill the posts of PTC Teachers Sakhawat Ali petitioner could not compete as admittedly he has not passed PTC Examination and is not having the qualification of a PTC. In view of the influx of applications due to unemployment against every post/job it was proper for Sakhawat Ali petitioner not to have applied against the post of PTC Teacher. The petitioner is basing his claim and better qualifications on two grounds, viz. First that he had better marks in the Matriculation Examination and secondly that he was having better Diploma of CT in comparison to PTC Diploma. The qualification of the acquisition of more marks in Matriculation Examination cannot be given any weight on the ground that the petitioner was not competing against a post for which the minimum Qualification was Matric. He was competing against the post which was meant for candidates having qualified PTC Examination. He cannot claim bis better status having CT qualification against the post of a PTC Teacher as in the Education Department a person having the qualification of PTC has to be recruited against the post of a PTC Teacher for which the advertisement was effected in the news-paper. Unemployment is a very big problem for every Government in progressive countries and for all the times. If the persons having better qualification are recruited against a post and a candidate having the less but required qualification, then there would be administrative chaos as it would be difficult for the Government to accommodate the persons having the less qualification during these days of unemployment. To exemplify showing my all the regards to the medical profession, if a medical expert having the qualification of MBBS, due to his circumstances, applies for recruitment against the post of a Dispenser; he cannot be recruited and in case of refusal in the matter none of his Constitutional rights would stand infringed or violated. In the instant matter the same principle would apply. Due to the availability of Matric PTC candidates the FA. CT candidate cannot be recruited against a PTC post who could be considered in case of non-availability of PTC candidate(s). Thus no Constitutional right of Sakhawat Air petitioner stands infringed.
(iii) I would be glossing over an important aspect of the matter by expressing that PTC teachers post is not that of clerical type as the same is a professional job. Against the clerical posts the point canvassed by the learned counsel for the petitioner, that the candidate with better marks, division and qualification has better chance of recruitment, may be considered and given the weight.
However, against technical and professional posts the persons of the relevant required qualification have to be given the preference as in the instant case.
(iv) Admittedly Sakhawat Ali is not having the qualification of PTC Teacher.
7. For what has been said above, I hold that no Constitutional right of Sakhawat Ali petitioner has been infringed and 1 dismiss this writ petition in limine.