Educational qualification

2015 SCMR 269 SUPREME-COURT Judicial Precedent

Promotion, criteria forEducational qualificationGovernment changing promotion criteria by prescribing higher educational qualificationEffect

When talent, skill and capability was rewarded, it provided opportunity to ambitious employees, and if those amongst them who were better qualified received a differential focus it benefited the department and the people of the country, as all civil servants were there to serve the people

Similarly, if the bar to aspire to higher positions (i.e. promotion) was raised, it encouraged and motivated employees to take ownership of their careers and personal development

Moreover, when higher educational qualification and talent was appreciated it made for a more transparent system of advancement and may also help to retain talented individuals in an organization.

2015 SCMR 269 SUPREME-COURT Judicial Precedent

S. 3Constitution of Pakistan, Art. 212(1)(a)Service Tribunal, jurisdiction ofCivil servicePromotion criteriaEducational qualificationGovernment changing promotion criteria by prescribing higher educational qualificationPolicy matter

Where the Government, as a policy matter, wanted to restrict promotion to those having degrees, or create another category of such persons, it was not ultra vires of any law nor was it unreasonable

Such matter fell within the exclusive domain of the Government, which, in the absence of demonstrable mala fides could, not be assailed.

2015 PLC(CS) 962 SUPREME-COURT Judicial Precedent

Promotion, criteria forEducational qualificationGovernment changing promotion criteria by prescribing higher educational qualificationEffect

When talent, skill and capability was rewarded, it provided opportunity to ambitious employees, and if those amongst them who were better qualified received a differential focus it benefited the department and the people of the country, as all civil servants were there to serve the people

Similarly, if the bar to aspire to higher positions (i.e. promotion) was raised, it encouraged and motivated employees to take ownership of their careers and personal development

Moreover, when higher educational qualification and talent was appreciated it made for a more transparent system of advancement and may also help to retain talented individuals in an organization.

2015 PLC(CS) 962 SUPREME-COURT Judicial Precedent

S. 3Constitution of Pakistan, Art. 212(1)(a)Service Tribunal, jurisdiction ofCivil servicePromotion criteriaEducational qualificationGovernment changing promotion criteria by prescribing higher educational qualificationPolicy matter

Where the Government, as a policy matter, wanted to restrict promotion to those having degrees, or create another category of such persons, it was not ultra vires of any law nor was it unreasonable

Such matter fell within the exclusive domain of the Government, which, in the absence of demonstrable mala fides could, not be assailed.

2014 SCMR 1827 SUPREME-COURT Judicial Precedent

Rr. 5 & 6Promotion of Assistant Director to Deputy DirectorEligibilityEducational qualification

Petitioners and respondent were working as Assistant Directors (BS-17) in Pakistan Standards and Quality Control Authority ("Authority")

Petitioners held diplomas in various disciplines, while the respondent had a bachelor's degree in engineering

Petitioners, who were senior to the respondent were promoted to posts of Deputy Director (BS-18) in the year 2012

Respondent challenged promotion of petitioners by contending that they could not be promoted as they only held diplomas; that Pakistan Engineering Council had given its opinion/comments that a diploma could not be equated with a degree; that appointment of diploma-holders to posts involving professional engineering works was illegal

Validity

When petitioners were promoted, the relevant rules in force were the Pakistan Standards Institution Recruitment Rules, 2012

Rule 5 of the said Recruitment Rules provided that posts of Deputy Director to be filled by promotion could be done from amongst the Assistant Directors with at least 5 years' service

Nowhere in the Pakistan Standards Institution Recruitment Rules, 2012 was it provided that promotees should be professional engineers

Requirement of a Master's or Bachelor's degree were only provided for direct appointees, and not promotees

Admittedly petitioners were appointed as Deputy Directors by promotion hence condition of Bachelor's degree could not be placed upon them, as in the case of direct appointees

Opinion/comments of Pakistan Engineering Council should not have influenced the matter of petitioners' promotion, as department/institution itself must determine as to whether the persons in its service were fit to hold a particular position

Promotion of petitioners was upheld in circumstances

Appeal was allowed accordingly.

2013 SCMR 1655 SUPREME-COURT Judicial Precedent

Art. 62(1)(f)Qualification for membership of Majlis-e-ShooraEducational qualification

Person using unfair means or making a wrong declaration to establish his educational qualification for contesting general elections

Effect

Such a person could not be considered to be honest, righteous or ameen and did not possess the qualifications prescribed under Art. 62(1)(f) of the Constitution to become a member of the Parliament or Provincial Assembly.