Appointment of Educators

2017 PLC(CS)N 30 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Education DepartmentAppointment of EducatorsRecruitment policy of 2014Scope

Recruitment policy for the appointment of Educators had been challenged on the ground that same was contrary to law and settled practice of recruitment

Validity

Doctor of Veterinary Sciences could not teach the students of Primary School or even the Higher Secondary School

Government could frame recruitment policies but in accordance with law keeping in view the requirement

Veterinary Doctor or B.Sc. Agricultural Engineering could be appointed in the institutions where such type of education was imparted

Policy framed by the department was against the law

If the candidates having the qualification of Agricultural Engineering, B.Sc., Doctor of Veterinary, B.Sc. Engineering, were allowed to compete for the posts of educators then highly qualified candidates would get better position as compared to a candidate who had done simply B.A., B.Sc. or B.A. Hons., or B.Sc. Hons.

If such policy was followed and adopted by the government, it would create more jobless persons in the country

Highly educated segment of the society should be accommodated but at the proper place

State was bound to provide jobs to the qualified persons and also to create jobs for the unqualified or uneducated persons

If a candidate who had done B.Sc. Engineering, Agricultural Engineering or DVM was appointed a teacher in Grade 11, 14 etc then same would be a kind of unemployment

Government should re-visit its policy announced in the year 2014

Court was not to interfere with the policy matters of the government but if the policies framed were detrimental to the interest of people then court was not precluded to take cognizance and to interfere

Secretary Education Department was directed to form a committee to re-visit the impugned policy

Constitutional petition was disposed of accordingly.