KARAMAT NAZIR BHANDARI, J.- The case of the two petitioners is that each of them is M.Sc.
(Chemistry) were recruited as Public Analysts under Pure Food Ordinance, 1960, read with rule 35 of the West Pakistan Pure Foods Rules, 1965 and are presently working in Municipal Corporation, Faisalabad and Lahore, respectively. These posts of Public Analysts are Grade-17 posts. Respondent No. 1, Pubjab Public Service Commission vide proclamation dated 1.9.1995, issued in Daily Jang, invited applications from the eligible candidates for filling up the vacancy of Government Public Analyst. The qualification given in the advertisement was as prescribed in .Public Health Department (General Specialists and Miscellaneous Posts) Service Rules, 1981, hereinafter referred to as the Rules. According to Item No. 11 of the Schedule to these Rules, the posts of Government Public Analyst is Grade-18 post and qualification for recruitment is Ph.D, in Bio- Chemistry oriM. Sc.
(lst Division) in Bio-Chemistry with four years experience in Food Analysis after M.Sc. The post is to be filled by initial recruitment. It is averred that petitioner No. 2 applied but his application was declined as he did not fulfil the qualifications, according to respondent No. 2 Petitioner No. 1 does not claim to have applied but has prayed in this petition that after deciding the case in favour of the petitioners on the grounds taken in the same, respondent No. 3 be directed to receive the application of petitioner No. 1 also. The substance of the case of the petitioners seems to be that essentially there is no difference between the post of a Public Analyst and Government Public Analyst; that petitioners as Public Analysts have a right to be considered for appointment as Government Public Analysts; and that the Rules are illegal as they are designed to deny the right to the petitioners since, according to that petitioners, there is no such separately Faculty/Subject as Bio-Chemistry. According to their further claim, no University in Pakistan teaches and grants degrees in the subject of Bio-Chemistry;
2. Reports and parawise comments have been submitted separately by respondent No. 3, Punjab Public Service Commission and by respondent No. 2, Government of Public, Health Department. In both it is denied that there is no such thing as the subject of Bio-Chemistry. It is stated that famous University of Agriculture, Faisbalabad, has this faculty and grants degrees and doctorates in the same. In the comments submitted by respondent No. 2, it is stated that the post of Public Analyst and Government Public Analysts are separate posts. While the first one is filled up under the Pure Food Ordinance, read with Pure Food Rules and the appointed person works in Municipal Committees/Corporations. The second one is filled up under the Rules, as a post of higher grade and is required to be filled up by initial recruitment and the person selected performs larger functions over a wider territory. It is maintained that the petitioners did not fulfil the requisite qualification for being appointed as Government Public Analysts and as such they have no worthwhile claim in this petition. It is further urged that petitioner No. 1 never applied to the post and therefore, he cannot make grievance against the selection process commenced by respondent No. 3.
3. During pendency, the Punjab Public Service Commission completed the selection of the post and therefore, petitioners were permitted to amend the petition so as to add the selected person as respondent. This was done and selected person was impleaded as respondent.
4. In support of their respective cases, the learned counsel have repeated the submission made in pleadings. The contention raised on behalf of the petitioners is too sweeping and unless two posts are equated and it is also held that there is no such Faculty of Bio-Chemistry, they have no chance of their success. Otherwise this Court cannot place any restriction on rule making powers of the Government. The Rules of 1981 have been framed under the Civil Servants Act, (Section 23). It has not been canvassed that these Rules are ultra vires of the Civil Servants Act, 1974, or these offend any Constitutional provision. The only grouse of course is that the post being of similar nature, recruitment to the post Government Public Analyst, Grade-18, ought to have taken place under the Pure Food Ordinance read with Pure Food Rules, 1965. The argument of course reflects the good wishes of the Petitioners but, as noted, the Rules of 1981 cannot be struck down nor the Government can be directed to fill the post of Government Public Analyst under the Pure Food Ordinance/Rules, unless the petitioners can show that either the Rules of 1981 are ultra vires or that there is compelling command to act only and only under the Ordinance and Pure Food Rules. It has been contended and rightly so in my opinion by learned Assistant Advocate General, that there is no legal nexus between the two posts and that the Government is entirely competent to fill up the post of Government Public Analyst under the rules of 1981 as these Rules are valid, legal and have not been shown to be ultra vires either of the Civil Servants Act or any provision of the Constitution.
5. Although there is no denial to the averments made in the parawise comments that in the subject of Bio-Chemistry, Agriculture University, Faisalabad, is granting degrees in the same but, assuming that petitioners are correct, then obviously nobody will apply in response to the advertisement with the result that respondent No. 2 will not be able to fill up the post of Government Public Analyst as nobody with the degree of Doctorate in the subject of Bio-chemistry will be available. The policy and the Rules will have to be amended. As at present, the Rules are valid.
6. For the foregoing reasons, I do not find any force in this petition which is hereby dismissed, leaving the parties to bear their on costs.