IJAZ AHMAD CHAUDHRY, J.--- I intend to dispose of Writ Petitions Nos. 5287/95, 1161/96, 1162/96, 1163/96, 1147/96, 1148/96 and 14444/95 as common questions of law and facts are involved in all of them. However, it shall remain on the file of W.P. No. 5287 of 1995.
2. The brief facts of W.P. No. 5287/95 are that the petitioner joined the service of respondent- University of Punjab as Junior Clerk on 15.11.1974 when he was only a Matriculate. The petitioner during service improved his educational qualification and passed Master's Degree in Library Sciences and was qualified for his appointment as Librarian. The petitioner was promoted on 2.10.1986 and was transferred in the Sub-Office Accounts Branch and then was transferred to Students Teacher Centre on 30.6.1987. The petitioner in 1986 obtained Diploma Course in Library Sciences and in 1988, got the Master's Degree.
3. On 21.8.1990 the petitioner applied through proper channel for the post of Librarian against one year vacancy in the Institute of Education and Research. His case was recommended and he was selected for the same vide letter dated 8.3.1992. The petitioner took over the charge on 9.3.1992. The petitioner claims that he through letter dated 12.3.1992 requested the respondent to keep his lien in the parent Department. The petitioner remained' with the I.E.R. For about 21/2 years and after the accomplishment of his job he came back to his parent Department and rejoined his duties as Senior Clerk on 7.7.1994.
4. According to the petitioner on 13.8.1989, the Selection Committee of the respondent-University was constituted for the appointments of the Librarians in different departments and on the abovesaid date 10 candidates were selected as Librarians. However waiting list was also prepared for filing up of the future vacancies if arises subsequently. The petitioner claims that in November, 1993 two vacancies occurred and the petitioner was not selected and respondent No. 3 was selected through his serial number was after the serial number of the petitioner on the waiting list.
Petitioner claims that he filed the representation which has not been decided by the Department. It was prayed that the petitioner may be dealt with in accordance with law and the rules and may be appointed as Librarian against the vacant posts.
5. Comments were called for from the University of the Punjab in which the contention of the petitioner that he applied for keeping his lien was denied and it was alleged that the petitioner has tried to mis-lead the Court by giving serial number of the letter which was not of the petitioner.
However, it was admitted that the waiting list was prepared and the petitioner's number falls at serial No. 4 and respondent No. 3 was rightly appointed as he was senior to the petitioner in the said waiting list.
6. In W.P. No. 5287/1995, 1161/96, 1162/96, 1163/96, 1147/96 and 1148/96 the petitioners claim that they were qualified to be appointed as Librarians.
They claim that they were qualified for their appointment as Librarians and they were kept on the waiting list by the Selection Committee and they were to be appointed whenever the posts of Librarians were to be occurred in the different departments of the University. Similar prayer has been made in all the writ petitions.
7. In W.P. No. 14444/95 Islam Shah writ petitioner filed the writ petition against the University in which it was prayed that an appropriate writ may be issued to the respondents directing them not to stick on the old waiting list of 1989 for filing of the vacancies of Libertarians after duly advertising in the same in the press and the petitioner be given a chance to compete the said post along with others.
7.- The brief facts of the abovesaid writ petition are that the petitioner claims that he is also qualified person to be appointed as Librarian but the respondents are not filling the posts of Librarians by advertising the same in the daily Newspapers and are sticking on waiting list which was prepared in 1989 and are depriving the petitioner from his legal rights to compete and the new blood is being discriminated by the respondents from their appointment on the said posts.
8. Learned counsel for the petitioner in Writ Petitions Nos. 5287/95, 1161/96, 1162/96, 1163/96, 1147/96 and 1148/96 contends that the waiting list was admittedly prepared in 1989 but the respondents are not following the same and the petitioners though deserve are not appointed on the subsequent posts and junior to them have been appointed and the respondents may be directed to act strictly in accordance with law and to follow the waiting list and to appoint them as Librarians.
9. In W.P. No. 14444/95 the petitioner has challenged the waiting list prepared in 1989 which is depriving the new blood from contesting for the post of Librarians ad it is also stated that without advertisement the rules are not being followed and the petitioner and other candidates who can compete are being deprived of and are dis-criminating hence the waiting list may be declared illegal and the University may be directed to appoint the petitioner as Librarian after the advertisement in the Newspaper through open merit.
10. I have heard the learned counsel for the parties and also perused the documents attached with this petition. The first question in this case is whether the waiting list prepared on the basis of the interviews by the Selection Committee for the post of Librarian can be allowed to be taken into consideration only by depriving the other genuine candidates from competing the posts if subsequently occur as Librarians in the Punjab University. The answer is that the candidate who applied for the post of Librarian advertised in 1989 are being no selected and their appointment letters were issued cannot be appointed on the subsequent posts without the advertisement of each and every post in the newspaper because every citizen who is a qualified person has a right to compete for his appointment as Librarian and cannot be deprived of his right of competing for the same, under the garb of list which is prepared by the Selection Committee. The prep-aration of list is illegal and unlawful as the posts which occur subsequently cannot be filled by the earlier interviews taken by the Selection Committee and those posts which subsequently occur have not been duly advertised to the general public. The maintainability of waiting list is illegal and unlawful and is discriminatory hence the University is directed not to fill the . Vacancies of the Librarians on the basis of waiting list. It is the right of every citizen to compete and to seek the appointment on the . Post for which he is qualified. The maintainability of the waiting list and the filling of the posts is hit by Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973. The maintainability of the list is also in violation of Article 4 of the Constitution of Islamic Republic of Pakistan, 1973 as every one has to be dealt with in accordance with law. The learned counsel appearing for the University has failed to point out any law in his favour that the posts which occur later on can be filled by the earlier interviews taken without advertising the posts and without affording equal opportunities to the candidates. The august Supreme Court of Pakistan in Musa Wazir and 2 others Vs. NWFP Public Service Commission (1993 SCM R 1124) and Muna war Khan Vs. Niaz Muhammad (1993 SCM R 1287) has held that all the posts which occur have to be filled on open merit after advertising the same. Posts which are not advertised the filling of the same was declared as illegal. I am also fortified by the view taken by the Supreme Court in Dr. Faizur Rehman's and others Vs. NWFP Public Service Commission, Peshawar (1996 SCM R 589) in which the Public Service Commission was directed not to keep any waiting list and the recommendations shall be made for the posts which have been duly advertised only. The subsequent occurring of any post has to be duly advertised to the general public before the filling of the same hence all the writ petitions except Writ Petition No. 14444/95 filed by the petitioner's are dismissed as having no merit.
11. However, Writ Petition No. 14444/95 Islam Shah petitioner is accepted and the respondents are directed to fill the posts of Librarians in open merit after advertising the same and after affording all the opportunities to all the candidates who are qualified for the same. There will be no order as to costs.