Khateeb-ur-Rehman Qureshi Vs Divisional Forest Officer etc

PESHAWAR HIGH COURT, PESHAWAR

FORM “A”

FORM OF ORDER SHEET.

Court of .................................................. Case No.................................................. Serial No of Date of Order or Order or other proceedings with Signature of judge or Magistrate and that of order or Proceeding parties or counsel where necessary proceeding

25.05.2016. W.P.No.3150-P of 2016 Present:- Mr. Muhammad Riaz, Advocate for the petitioners.

Mr. Rab Nawaz Khan, AAG, for official respondents.

QAISER RASHID KHAN, J:- Through the petition in hand, the petitioners have made the following prayer;

“That on acceptance of this writ petition, the selection of respondents No. 5 to 9 as forest guards be declared null and void, illegal, unlawful and the result of favouritism and political red tapisim and petitioners being at serial No.1 & 3 of the merit list are entitled to be declared and selected as forest guards”.

As per averments in the petition, the petitioner No.1 has got M.B.A degree from Abdul Wali Khan University Mardan, B.Ed from Sarhad

University, as well as a Diploma in Health & Physical Education. Similarly, petitioner No.2 is M.Sc in Physics from Abdul Wali Khan University and has obtained 1st Division throughout his educational carrier; that pursuant to a publication for the posts of Forest Guards (BPS-7) in daily ‘ Mashriq’ dated 05.05.2015, the petitioners being qualified, applied for the same, appeared in the written test; that whereas the petitioner No.1 obtained a grand total of 90 marks while petitioner No.2 obtained 89.6 marks and were thereafter called for interview where the petitioner No.1 was not given a single mark in his interview and the petitioner No.2 was given 1 mark and both were thus left out from the selection process as against the other candidates who had obtained much less marks in their written test but were given high marks in the interview, hence the present petition.

Arguments heard and available record perused.

As narrated in the preceding para, both the petitioners are highly qualified that is how they applied for the posts of Forest Guards (BPS-7) when the same were advertised by the

respondent-Department.

The grievance and anguish of the

petitioners stems from the fact that whereas they are having a good academic record and were able to secure a total of 90 and 89.6 marks respectfully inclusive of their marks in the written test but when it came to the interview, they were relegated to the back seat with zero marks for the petitioner No.1 and 1 mark for the petitioner No.2.

In the comments furnished by the

respondents, the contentions of the petitioners have been rebutted with the stance that all the candidates were interviewed by the members of Departmental Selection Committee ( DSC) , comprising of the following gazatted officers:

1.Abdul Manan ( Chairman) Divisional Forest Officer.

2.Section Officer Establishment (Member) Govt: of KPK Forestry, Environment And wildlife Department.

3.Divisional Forest Officer (Member) Peshawar Forest Division.

4.Murad Ali Shah (Member) Sub Divisional Forest Officer

The learned AAG contended that since both the petitioners did not perform well in the

interview, therefore, they were rightly given their due and no discrimination has been meted out to them.

We are afraid, the record belies the contention of the learned AAG. The result and details of the candidates as furnished with the comments by the respondents wherein the respective marks of the candidates for their educational career right from Matric have been duly shown, followed by the marks obtained by the candidates in the written test but then the benevolence shown to some of the candidates and the discrimination and step motherly treatment meted out to the others including the petitioners make a total mockery of the entire selection process. It is probably with a painful heart that the petitioners in the grounds of the petition have even expressed the desire to be interviewed before this Court.

We exercise restraint while commenting upon the performance of some of the candidates in the interview, courtesy their benefactors in the Departmental Selection Committee whereby they have been given as many as 8 marks and thus

giving them an edge over others including the petitioners before us. We are at loss to understand as to how the petitioner No.1, having a meritorious educational career with MBA and B.Ed from the reputed universities was unable to answer any question before the panel of interviewers so as to enable him to get even a single mark and thus be included amongst the selectees. Out of the whole lot who qualified the written test, only one candidate namely Usman Sattar has been given 10 marks for his experience (as against the explicit language of the advertisement which does not provide for any marks for experience). The said candidate was also bestowed with 8 marks in his interview. It is thus quite obvious that the terms and conditions for selection were altered at the eleventh hour during the interview to benefit the blue-eyed. The entire interview process by the Departmental Selection Committee appears to be a sham exercise in order to benefit some candidates at the expense of others. Let it be known to the people at the helm of affairs and engaged in such activities who are not only flouting the merit with impunity but also with a

degree of aversion that their actions can always be made the subject matter of judicial review and that, too, when the public at large have taken up the cudgels to bring such illegalities and irregularities to the fore by invoking the writ jurisdiction of this Court and as and when the same are brought to our notice, we would not hesitate in striking down and setting aside such illegal and discriminatory orders.

In view of the above discussion, this writ petition is allowed in terms of striking down the recruitment process to the extent of interview so held and it is directed that all the candidates who have qualified the written test shall be re- interviewed by another Departmental Selection Committee with another set of members who shall see to it that only merit reigns supreme.

JUDGE

JUDGE

Younas