Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Punjab Health, Department (Medical and Dental Teaching posts) Service Rules, 1979---Appointment as Assistant Professor (Biochemistry)---Qualification---Grievance of civil servant was that despite having qualification of M.Sc. (Hons) Chemistry with experience of Research and Specialization in Biochemistry, he was not appointed as Assistant Professor (Biochemistry)---Appeal before Service Tribunal was dismissed---Validity---By change in service rules made in year, 1988, non-medical personnel were no longer eligible for the post of Assistant Professor (Biochemistry) and were therefore, not considered for appointment---Civil servant although acquired his M.Phil (Biochemistry) in year, 1989 but he lacked the requisite basic qualification of M.B.,B.S.---Civil servant could not insist for appointment to a post for which he was no longer qualified---Judgment passed by Service Tribunal did not suffer from any legal infirmity so as to warrant interference by Supreme Court---No substantial question of law of public importance was involved in the case as envisaged by Art.212(3) of the Constitution---Leave to appeal was refused. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4--- Appeal--- Maintainability--- Pre-conditions--- Order of departmental authority is sine qua non for invoking appellate jurisdiction of Service Tribunal under S.4 of Service Tribunals Act, 1974. S.K.M. Lodhi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing; 26th February, 2003. ORDER FAQIR MUHAMMAD KHOKHAR, J.---This petition is directed against the judgment, dated 1-10-2001 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No.429 of 1998. 2. In the year 1976, the Government of the Punjab invited, through press publication, applications for appointment to the posts of 'Assistant Professors (Biochemistry)' on ad hoc/contract basis, from the candidates. The petitioner possessed the qualification of M.Sc. (Hons.) Chemistry with experience of research and specialization…

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