Discrimination is not allowed to any Pakistani under Article 25

PLJ 2000 Peshawar 350 (DB)

Present: SARDAR MUHAMMAD RAZA KHAN, C.J.; SHAKIRULLAH JAN AND TALAAT QAYYUM QURESHI, JJ.

BABER ELAHI etc.-Petitioners versus

DIRECTOR OF EDUCATION, PRIMARY SCHOOLS, NWFP. PESHAWAR, etc--Respondents

W.P. No. 374 of 1998, decided on 12.5.2000. Constitution of Pakistan, 1973--

—Arts. 25 & 199—Repugnancy to provision of Art. 25 of the Constitution-Advertisement issued by respondent and the system of selection resorted to by giving preference to PTC candidates having qualified from Elementary Colleges of N.W.F.P. or all others having qualified from other similar or equivalent institution of the country, whether discriminatory and violative of the provision of Art. 25 of the Constitution-Recognized Institutions in a country must be treated at par with each other failing which importance of recognition loses its very significance-­Discrimination involved in present case is directly affects the veryincidence of recognition of certain institution which were otherwise recognized by the Government as well as by the University Grants Commission-Admittedly in recruitment of Senior English Teacher and Senior Vernacular Teachers, no preferential treatment is given to candidates even if qualified from Allama Iqbal Open University-Preferential treatment meted out to PTC teachers alone does not conform to any norms of either logic or any principles of reasonable differntia-Plea of respondents that they prefer PTC trainees of N.W.F.P. because in their Elementary Colleges, very admission to PTC candidates is given on basis of vacancies that fall from time to time in districts of the Province was no ground for preferential treatment and the same was not supported by any logical reasons because candidates qualifying from that institution might eventually failed in entrance examination and interview and those qualifying from other Provinces validly domiciled in N.W.F.P. might be more likely to be selected-Such admission in Elementary colleges based on vacancies in the Province or in the Districts was not being followed in case of other Teachers posts-Such special course of action adopted against P.T.C. was clear discrimination, not based on reason or logic nor such course is provided in Rules or Prospectus- Advertisement issued by Respondent and system of selection resorted to, by giving preference to PTC candidates having qualified from Elementary colleges of N.W.F.P. over all others having qualified from other similar or equivalent institution of country, is discriminatory and violative of provisions of Art. 25 of the Constitution.        [Pp. 360 & 361] A, B & C

Mr. Khurshid Khan, Advocate for Petitioners.

Mr. Qazi Muhammad Ghazanfar A.A.G, for Respondents.

Date of hearing : 12.5.2000.

JUDGMENT

Sardar Muhammad Raza, C.J.--The posts of Primary Teaching Certificate (PTC) teachers were advertised in the daily 'Mashriq' Peshawar in its issued dated 7.2.1999 by Director of Education Primary Schools NWFP Peshawar with a basic condition, inter alia, that those who have qualified from Elementary Colleges of NWFP would be given preference over all others having qualified from any other Institutions. The petitioners are hit by such condition and are refused entry because they are either qualified from Allama Iqbal Open university Islamabad or Jamshoro Sindh.

2.   The case had already been heard by a Division Bench of this Court comprising Hon'ble Mr. Justice Shakirullah Jan and Hon'ble Mr.Justice Talaat Qayyum Qureshi. During arguments, they got confronted with a judgment in writ petition # 544/95 decided on 27.10.1996 at theprincipal seat of this Court about which they had some reservations and hence upon their reference, this larger Bench was constituted before which detailed arguments were addressed once again to resolve the point as to whether the candidates having qualified PTC from Elementary Colleges of NWFP should be given preference over those who have qualified from other Institutions of the country.

3.  The learned counsel for the petitioners was of the view what the petitioners have qualified PTC from the recognized Institutions of the country and hence should not be treated with discrimination, being violative of the provisions of Article 25 of the Constitution. It is a matter of paramount importance that recognised Institutions in a country must be treated at par with each other failing which the importance of recognition loses the very significance. We believe that the discrimination involved in the instant case, indirectly affects the very incidence of recognition of certain Institutions which are otherwise recognised by the Government as well as by the University Grants Commission.

A

4.  It is again a matter to be taken note of that for the recruitment of Senior English Teachers (SET) and Senior Vernacular Teachers (SVT) nopreferential treatment is given to the candidates even if qualified from Allama Iqbal Open University. The preferential treatment meted out to PTC teachers alone does not conform to any norms of either logic or any principle of reasonable differntia.

5.   The learned Asstt: Advocate General supported the stance taken by the Education Department that the students qualifying from Allama Iqbal
Open University Islamabad are not imparted training as a part of studies but the learned AAG had no answer to the rebuttal that practical training isimparted to the PTC trainees of Allama Iqbal Open University in various Elementary Colleges of the country, including those of the NWFP.

6.    The next defence adopted by the respondents was, that they prefer PTC trainees of NWFP because in their Elementary Colleges, the very
admission to PTC candidates is given on the basis of vacancies that fall from time to time in the Districts of NWPF. This by itself is no ground for the
preferential treatment and is not supported by any logical reason because the candidates qualifying from their Institutions might eventually fail in theentrance examinations and interviews and those qualifying from Punjab, Sindh or Allama Iqbal Open University Islamabad, validly domiciled in theNWFP, might be much superior in the examinations and might be more likely to be selected.

7.          The reason is not well founded from another point of view as well bes'ause it presupposes the final selection of every PTC candidate if qualifiedfrom Elementary Colleges  of NWFP whether or not  he  qualifies  the examination or whether or not he is competent enough to qualify the test orinterview, notwithstanding the fact that competent and capable candidates were available from other recognised Institutions of the country. This goeswithout saying that such admissions in Elementary Colleges based on vacancies in the Province or in the Districts is not followed in case of SETsand SVTs. This special course of action adopted against PTCs is a clear discrimination, not based on reason or logic. It is neither provided in Rulesnor in any Prospectus.

8.          Last but not the least, the University Grants Commission has categorically ruled through its Equivalence Committee that the degrees,certificates, diplomas issued by Allama Iqbal Open University are equivalent to all above awarded by all the Universities of Pakistan. The learned AAGhas  not  either refuted   or contested   such  certificates   on   record.   No discrimination, or policy ultimately learning to discrimination, can beadopted or resorted to and if so done, would clearly be in violation of Article 25 of the Constitution.

9.   So far as a Division Bench judgment dated 27.10.1996 of this Court given in writ petition # 544/95 is concerned, we would humbly differtherewith on the grounds already mentioned. Moreover, we are quite confident that had the equivalence certificate of the University GrantsCommission been produced before the Hon'ble Division Bench of the above case, the decision would altogether have been quite the reverse of it.

10.       Consequently,   the   writ   petition   is   accepted   and   the advertisement issued by Respondent #  1  and the system  of selectionresorted to, by giving preference to the PTC candidates having qualified from 
B

the Elementary Colleges of NWFP over all others having qualified from other similar or equivalent Institutions of the country, is discriminatory and violative of the provisions of Article 25 of the Constitution.

(A.A.)                                                                               Petition accepted.