| Citation(s) |
|---|
| 2016 SLG 2837 2016 SLD 2837 2016 PLC 447 |
Supreme Court of Pakistan
EJAZ AFZAL KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE AND FAISAL ARAB, JUSTICE
Mudassar Khalid Abbasi, AAG, Punjab, Waqar Ahmed Khan, Additional A.G., Khyber Pakhtunkhwa, Majeedullah, Legal Representative DE(E&SE), Peshawar and Fazl-e-Khaliq, Legal Representative DEO (Male) Sawabi for Appellants. Ijaz Anwar, Advocate Supreme Court
EJAZ AFZAL KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE AND FAISAL ARAB, JUSTICE
Mudassar Khalid Abbasi, AAG, Punjab, Waqar Ahmed Khan, Additional A.G., Khyber Pakhtunkhwa, Majeedullah, Legal Representative DE(E&SE), Peshawar and Fazl-e-Khaliq, Legal Representative DEO (Male) Sawabi for Appellants. Ijaz Anwar, Advocate Supreme Court
DCO/CHAIRMAN DISTRICT RECRUITMENT COMMITTEE, KHANEWAL and others
VS
KISHWAR SULTANA and others
Law:
Section:
National Training Ordinance (IX of 1980)--- --------S. 4---Rules of Business of Skill Development Council, 2013, Rr. 6 & 7---Skill Development Council ("Council")---Diplomas or certificates awarded by the Council in the fields of art, craft, education or physical education---Legality---Said fields were beyond the domain of the Council, and thus it could not launch any programmes in respect of such fields or award diplomas or certificates---Appointment made on the basis of such certificate or diploma in different educational institutions were liable to be annulled, however the Supreme Court directed that such appointees could continue their jobs provided they met certain conditions. Skill Development Council focused on labour, market, information and launched technical education and vocational training in any physical and professional skill, trade, calling or occupation so that the people who could not acquire higher or specialized education may get opportunities of employment, according to the needs and requirements of the market. However art, craft, education and physical education were well beyond the domain of the Council and capacity of its faculty. Council thus could not launch programmes in any of these fields. National Training Board and the Council travelled beyond what they were established for by launching programmes falling exclusively in the domain of art, craft, education or physical education. Appointments were made on the basis of such diplomas and certificates in educational institutions without caring to know that the Council did not have the power and competence to launch such programmes, courses and curriculums and issue certificates and diplomas in such behalf. Supreme Court directed that present appointees could continue their jobs, if they besides the certificates or diplomas, issued by the Council, possessed the requisite or equivalent qualifications or if they had improved their qualifications thereafter; that those appointees who could not improve their qualification up till now should improve it within a period of one year. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, JUSTICE:------------------ These appeals with the leave of the…
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