2003 PLP 195 (SCMR)

QAZI MUHAMMAD FAROOQ, J.‑‑‑This petition for leave to appeal is meant to impugn the judgment dated 21‑9‑2002 of a learned Full Bench of the High Court of Sindh at Karachi whereby Constitutional Petition No. 1620 of 2002 filed by the petitioner Moulana Abdullah challenging the validity of the orders passed by the Election Tribunal and the Returning Officer with regard to rejection of his nomination papers was dismissed.

2. The petitioner had filed nomination papers to contest election from Constituency No‑NA‑202 Shikarpur‑I. It was mentioned therein that he was holder of Sanad of Shahadatul Auniiya Fil Uloom ul Arabia wal Islamia issued by Al‑Jamia‑ul‑Deenat Darul Huda Therhi (Habibabad, Khairpur). The nomination papers were rejected by the Returning Officer on two grounds. First, that the Registrar Shah Abdul Latif University, Khairpur had clarified that the petitioner's Sanad did not meet the requirements of law on the subject. Secondly, the name of the Institution which had issued the Sanad was not included in the list of recognized Wafaq/Tanzeem ul Madaris and individual institutions issued by the University Grants Commission. The appeal preferred by the petitioner against rejection of his nomination papers was dismissed by the Election Tribunal on 13‑9‑2002 with the following observations:‑‑ . "The Sanad/Certificate produced by the appellant has been got verified from U.G.C. through its Advisor/Representative Dr. Altaf Ali A. Sheikh. He has submitted the report which clearly says that U.G.C. does not recognize the Certificate/Degree of the appellant equivalent to graduation." Thereafter, the petitioner filed a writ petition in the High Court of Sindh, Karachi but it was dismissed on 21‑9‑2002 by a learned Full Bench.

3. The law on the subject is contained in Article 8‑A of the Conduct of General Elections Order, 2002 and clause (cc) of subsection (1) of section 99 of the Representation of the People Act, 1976. The former reads as under:‑‑ "8‑A. Educational qualification for a member of Majlis‑e‑Shoora (Parliament) and a Provincial ‑Assembly. ‑‑‑Notwithstanding anything contained in the Constitution of the Islamic Republic of Pakistan, 1973, the Senate (Election) Act, 1975 (LI of 1975), the Representation of the People Act, 1976 (LXXXV of 1976) or any other law for the time being in force, a person shall not be qualified to be elected or chosen as a member of Majlis‑e‑Shoora (Parliament) or a Provincial Assembly unless he is at least a graduate possessing a bachelor degree in any discipline or any degree recognized as equivalent by the University Grants Commission under the University Grants Commission Act, 1974 (XXIII of 1974) or any other law for the time being in force." The latter is worded thus:‑‑ "he is at least a graduate, possesses a bachelor's degree in any discipline or any degree recognized as equivalent thereto by the University Grants Commission under the. University Grants, Commission Act, 1974 (XXIII of 1974), or any other law for the time being in force."

4. It will be pertinent to reproduce at this stage two notifications issued by the Election Commission of Pakistan on 25th July, 2002 and 29th July, 2002 in regard to the Institutions recognized by the University Grants Commission within the contemplation of Article 8A of the Conduct of General Elections Order, 2002. The first notification reads as under:‑‑ "NOTIFICATION Islamabad, the 25th July, 2002 No. D.2(11)/2002‑Cord.‑‑Whereas Article 8‑A of the Conduct of General Elections Order, 2002 (Chief Executive's Order No.17 of 2002) provides that notwithstanding anything contained in the Constitution of the Islamic Republic of Pakistan, 1973, the Senate (Election) Act, 1975 (LI of 1975), the Representation of the People . Act (LXXXV of 1976), or any other law for the time being in force, a person shall not be qualified to be elected or chosen as a member of Majlis‑e‑Shoora (Parliament) or a Provincial Assembly unless he is at least 'a graduate possessing a bachelor degree in any discipline or any degree recognized as equivalent by the University Grants Commission under the University Grants Commission Act, 1974 (XXIII of 1974). ,_ And whereas a reference was made by the Election Commission to the University Grants Commission vide Letter No.F.2(11)/2002 Cord, dated 18th July, 2002 (copy whereof is at Annexure‑1) requesting therein that the list containing the names of degrees recognized as equivalent to a Bachelor degree under the University Grants Commission Act, 1974 (XXIII of 1974) may be communicated to Election Commission: And whereas the University Grants Commission has sent a reply to the aforesaid reference of Election Commission vide their Letter No.8‑83/UGC/A&C/2002/1142, dated the 22nd July, 2002 (copy whereof is at Annexure‑II) in which it has been stated that final Sanad of "Shahadat‑ul‑Almiya‑fil‑Uloom‑ul‑Arabia‑wal‑Islamia". awarded by the following Wafaq/Tanzeem‑ul‑Madaris and. individual institutions has been recognized by the University Grants Commission as equivalent to M.A. Arabic/Islamic Studies. Name of Wafaq/Tanzeem/Insitution 1 . Wafaq‑ul‑Madaris Al‑Arabia, Markazi Office Gordon, Town Sher Shah Road, Multan. 2 Tanzeem‑ul‑Madaris Alhe Sunnat, Jamia Nazamia Razvia, Indron Lohari Gate, Lahore.

3. Wafaq‑ul‑Madraris. Al‑Salfia Hajiabad Post Code‑38600, Faisalabad.

4. Wafaq‑ul‑Madaris Shia, Jamia‑al‑Muntazar, H‑Block Model Town, Lahore.

5. Rabita‑ul‑Maddaris‑Al‑Islamia, Manzoor Road, Lahore.

6. Jamia Islamia Minhaj‑ul‑Quran, 368 Model Town, Lahore.

7. Jamia Taleemat‑e‑Islamia, Sargodha Road, Faisalabad.

8. Jamia Ashrafia, Ferozepur Road, Lahore.

9. Darul Ulobm Mohammadia Ghousia Bhera, District Sargodha.

10. Darul Uloom, Korangi, Karachi. And whereas in the aforesaid, letter the University Grants Commission has inter alia stated: "It may further be noted that the Sanad Shahadatul fil Uloom ul Arabia Wal Islamia granted by Wafaqul Madaris and approved individual Deeni Madaris is recognized as equivalent to M.A. Arabic/Islamic Studies for teaching purpose only. However, for purposes of employment other than teaching the holders would be required to qualify in additional two subjects other than Arabic and Islamic Studies at the B.A. level." And whereas it is expedient and in the public interest to publish the above information received from University Grants Commission. Now, therefore, in exercise of the powers conferred upon it under Article 4 of the Conduct of General Elections Order, ‑ 2002 read with Article 9‑B of the .Election Commission Order, 2002 and. all other powers enabling it in that behalf, the Election Commission is pleased to publish for general information the aforementioned letter dated 22nd July, 2002 received from the University Grants Commission regarding degrees recognized as equivalent to the Bachelor's degree pursuant to Election Commission's Letter F.2(11)2002‑Cord, dated 18th July, 2002." The second notification reads was under:‑‑ "NOTIFICATION Islamabad, the 29th July, 2002 No.F.2(11)/2002‑Cord.‑‑Whereas the information received from University Grants Commission has been notified by Election Commission vide Gazette of Pakistan. Extraordinary, dated the 2568 July, 2002 containing Notification No.F.2(11)/2002‑Cord, dated 25th July, 2002. And whereas it is expedient and in the public interest to issue direction for facility of aspiring candidates for the forthcoming general elections. Now, therefore, in exercise of powers conferred upon it under Article 6 of the Election Commission Order, 2002 (Chief Executive's Order No. l of 2002) read with Article 8 of the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002) and in exercise of all other powers enabling it in that behalf, the Election Commission is pleased to make and promulgate the following direction:‑‑ "that for the purpose of forthcoming general elections the holders of the ' Sanad Shahadatul Almiya Fil Uloom ul Arabia Wal Islamia granted by Wafaq/Tanzeemul Madaris and approved by individual .Deeni Madaris, which has been recognized as equivalent to M.A. Arabic/Islamic Studies for teaching purposes by the University Giants Commission, shall be eligible to contest the forthcoming general. elections subject to fulfilment of other qualifications laid down in the electoral laws/rules, within the contemplation of Article 8‑A of the .Conduct of General Elections Order, 2002 (Chief Executive's Order No. 17 of 2002)."

5. It is evident from the first notification reproduced above that the University Grants Commission has accorded the requisite recognition and equivalence to those Sanads only which have been issued by the Institutions mentioned in the notification. The status and contents of the notification were not challenged by the learned counsel for the petitioner. He also frankly conceded that the name of the Institution which had awarded the Sanad in question to the petitioner did not figure in the notification. He however, contended with vehemence that by virtue of Sanad Ilhaq issued by Wafaq‑ul‑ A Madaris Al‑Arabia Pakistan on 18th April, 1999 Al‑Jamia‑ul‑Deenat Darul Huda Therhi was affiliated with Wafaq‑ul‑Madaris Al‑Arabia Pakistan, therefore, the Sanad awarded by it was at par with the Sanad awarded by Wafaq‑ul‑Madaris Al‑Arabia Pakistan. The contention cannot prevail for the short reason that the expression "affiliated institution" does not find mention either in the aforementioned Notification, dated 25th July, 2002 or any other document on record. The University Grants Commission has restricted the grant of requisite status and recognition to the Sanads awarded. by the Institutions mentioned in the said undisputed notification and has not extended the same to the Institutions affiliated therewith. Needless to mention that the petitioner's case is weak for yet another reason that the Advisor/Representative of the University Grants Commission had submitted a report before the Election. Tribunal that the University Grants Commission had not given the requisite recognition to the Sanad pressed into service by the petitioner. For the foregoing reasons, this petition is dismissed and leave refused. Q.M.H./M.A.K./A‑338/S . Petition dismissed.