JUDGMENT MIAN NAZIR AKHTAR, J.- This Constitutional petition has been filed for a direction to the respondents to appoint the petitioners as P.T.C, teachers.
2. It is stated in the petition that in pursuance of the advertisement in the press tor appointment against certain vacancies of P.T.C, teachers, the petitioners submitted applications within the due date; that the petitioners were interviewed hy the competent authorities and selected for appointment; that after selection, the competent authority had to issue appointment letters and posting -orders but the needful was not done; that instead the posts were filled in on political pressure of M.N.As and M.P.As.
3. " In the para were comments submitted by the Dy. DEO(W) Sialkot, respondent No. 3 it is admitted that the petitioners had submitted their applications within time and that they were interviewed.
However, it was averred that they were not selected on merits and that their names were not recommended by the Chairman/D.C. Sialkot. However, in reply to para-4 it was stated that the names of the petitioners were set to the Chairman of the Recruitment Committee for approval after 7.12.1995 and that the approval was granted after 9.1.1996 when ban was imposed against fresh appointments. The Dy.DEO (W) Elementary Education, Sialkot respondent No.. 3 and Shama Zia, S.O. Education Department, a representative from the office of respondent No. 1 are present in the Court along with the relevant record. After going through the same the learned AAG stated' that the petitioners were interviewed along with other candidates; that petitioner No. 1 was placed at serial No. 49 and petitioner No. 2 at No. 9 of the merit-list. He candidly stated that at the relevant time 50 posts had to be tilled in and in the normal course the petitioners would have been appointed but due to political pressure a number of other teachers were appointed who were even lower in merit as compared to the petitioners. He submitted that in pursuance of order dated 20.11.1997 passed in W.P. No. 15515/95 the appointments were scrutinized afresh and 159 appointees were removed and only 12 were retained. On instructions from respondent No. 3 who is present in the Court the learned AAG stated that the petitioners were to be appointed at Sadar Markaz, Sialkot for which 8 seats were allocated and that a present 6 vacancies exist there. He further stated that the first appointment in Sadar Markaz Sialkot was made in respect of Mst. Rehana Kausar d/o Muhammad Mukhtar on 16.8.1995 by respondent No. 3 who is the competent authority.
4. The facts on the record clearly establish that the selection process was completed long before 9.1.1996 when ban was imposed against fresh recruitments. The petitioners deserved to be appointed to the 50 available seats because petitioner No. 1 was placed at serial No. 49 and petitioner No. 2 at No. 9 of the merit-list. They were left put without any rhyme or reason. Such an act is mala i.e in law. It is shocking that due to political pressure a number of other teachers were appointed although they were admittedly lower in merit-list as compared to the petitioners. The matter came up for consideration before this Court in W.P. No. 15515/95 and in pursuance of order dated 20.11.1997 passed in the said petition the appointments were scrutinized and 159 appointments were found to be illegal and were cancelled. Leaving aside the question whether imposition of ban against fresh appointments is at all legal, the fact remains that the ban cannot be made applicable to the petitioners' case as the entire selection process had been completed before imposition of the ban. The policy of Markazwise allocation of seats is also open to question.
Anyhow, I need not decide this controversy in the present ease because the petitioners had applied for posts in the Sadar Markaz Sialkot where six vacancies are available and the petitioners can be easily accommodated there.
5. For the foregoing discussion, the petition is accepted and the competent authority/Dy. DEO (W) respondent No. 3 is directed to appoint the petitioners as P.T.C. Teachers at Sadar Markaz Sialkot and immediately post them at any suitable place/school, with effect from 16.8.1995 when first appointment was made at the said Markaz. The petitioners will not claim their salaries since 16.8.1995 but their seniority will be "determined from the said date. They will be paid their salaries from the date when they actually join service and start performing their duties. The petition is allowed with the above order.