Academic qualification

2014 PLC(CS) 413 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 25 & 199Constitutional petitionAdvertised post, eligibility forDiscriminationAcademic qualificationProvisional certificates of educationPetitioner applied for advertised post of school educator

After clearing the recruitment process and interview, petitioner's name was still not included in the final merit list as she had appended her provisional certificates of bachelor's degrees with her application and not her original academic transcripts and/or degree

Plea of petitioner that her University had not issued original academic transcripts/degrees in time when she applied for the post in question; that there was no variance between her provisional certificates and original academic transcripts; that a similarly placed candidate from another district was selected for post of school educator on basis of provisional certificates, therefore she had been discriminated against

Validity

Petitioner was declared successful by her University and in such respect a provisional certificate was issued to her, which she appended with her application at the time of applying for the post in question

Petitioner applied for the post within time

Whilst petitioner was declined appointed for lack of original academic transcripts and/or degree, a similarly placed candidate in another district was appointed to post of school educator on basis of his provisional certificate

Post in question came under the purview of Provincial Department of Education, therefore if in one district candidates could be accommodated on basis of provisional certificates, then question was why not candidates from another district

Seats for the post in question were lying vacant

High Court directed the Provincial Secretary Education (Schools) to consider the petitioner's case after affording her an opportunity of fair hearing bearing in mind that in another district similarly placed candidates had been accommodated and that seats for the post in question were lying vacant in the petitioner's district

Constitutional petition was disposed of accordingly.

2010 PLD 817 SUPREME-COURT Judicial Precedent

Ss. 7, 14 & 99-CConstitution of Pakistan (1973), Arts.62(d)(e)(f), 185 & 199Civil Procedure Code (V of 1908), O. X, R. 2National Assembly, election ofAcademic qualificationReturned candidate holding degree of Alshahadat-ul-Aalmia (equivalent to M.A. in Islamic Studies) issued by a Jamia

Writ of quo warranto by contesting candidate for declaring the returned candidate not to be qualified to become member of National Assembly for not being a graduate and his removal from said office

Dismissal of such writ by High Court for being premature as respondent had not been notified till then as returned candidate by Election Commission

Validity

Nazim of Tanzeem-ul-Madaris, Ahal-e-Sunnat [an institution recognized by Higher Education Commission] denied to have issued four alleged Sanads produced by respondent and issued by the Jamia, which was neither included in list of ten (10) religious institutions approved/recognized by Higher Education Commission nor competent to issue same in name of Tanzeem-ul-Madaris nor affiliated/registered with Tanzeem-ul-Madaris

Respondent claimed to have successfully completed studies for Sanvia Aama (equivalent to Matric), Sanvia Khasa (equivalent to intermediate), Alshahadatul Aalia (equivalent to B.A.), and Alshahadatul Aalmia (equivalent to M.A.) each being of two years course

Sanad equivalent to Matric was allegedly obtained by respondent in year 1993, while remaining three Sanads were allegedly issued to him with regular intervals of two years, which showed that he would have joined said Jamia in year 1991, while on court's question, he submitted to have joined the Jamia in year 1994

Respondent having studied Uloom-e-Islamee for eight long years would be expected to be an "AALAM" well-conversant with all matters relating to Arabic language and religion of Islam, but he on Supreme Court's questions could not tell number of verses and SURAS (chapter) of Holy Qur'an, name of first and second SURAS and Tafseer and meaning of "TAJWEED"

Respondent during such court's questions sought time to make decision either to defend his case or not, whereupon he was granted time and then alone his counsel returned to the Supreme Court and submitted that respondent had decided not to defend his case and had tendered his resignation to Speaker of National Assembly for not being a graduate and placed on record copy of resignation

Respondent being constitutionally and legally debarred from being a member of Parliament had managed to sneak therein by making false statement on oath and using bogus, fake and forged documents polluting piety of Parliament

Such conduct of respondent had demonstrated not only his callous contempt for basic norms of honesty, integrity and his own oath, but undermined sanctity, dignity and majesty of Parliament

Respondent was guilty of impersonation i.e. posing to be what he was not i.e. a graduate

Respondent was guilty of having been a party to making false statements and then dishonestly using same for his benefit knowing same to be false

Respondent was guilty of cheating not only his own constituents, but the nation at large

Supreme Court observed that such like "HOUSE-BREAKING" tendencies on part of dishonest and unscrupulous individuals must be strongly checked before virus becomes an uncontrollable epidemic

Petitioner had not prayed for punishing respondent for his such acts, thus, Supreme Court declined to take any action against him

Returning Officer had not taken any steps to determine eligibility of respondent or whether he was actually possessed of acclaimed qualification

Supreme Court set aside all orders and decisions rendered in such matter by concerned authorities including impugned judgment and directed Election Commission to conduct bye election of the seat vacated by respondent in accordance with law.