Case Details

Citation(s)
2018 SLG 2891 2018 SLD 2891 2018 PLJ 234
Peshawar High Court
W.P. No. 1998-P of 2017, decision & hearing Dated: 14.09.2018.
ROOH-UL-AMIN KHAN, JUSTICE SYED AFSAR SHAH, JUSTICE MUHAMMAD AYUB KHAN, JUSTICE
Petitioner(s) by: Mr. Barrister Kamran Qaisar and Asif Ali Shah, Advocate
Respondent(s) by: Malik Akhtar, AAG

MUHAMMAD ISRAR

VS

GOVT. OF KPK THROUGH SECRETARY ELEMENTARY & SECONDARY EDUCATION, PESHAWAR AND 6 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Equivalence of D.M. Certificate--Question of--Whether "Inter Grade Drawing Examination Certificate Issued Controller Inspector of drawing Grade Examination for Sindh Directorate of Schools Education, Hayderabad is equivalent to "Drawing one year certificate of Registrar Departmental Examination Peshawar--Appointment against Post of DMS--Denied--Challenge to--Respondents have not denied merit position of petitioner against vacant post of DM advertized by them--Only ground on basis of which he has been denied appointment against post of DM is his DM Certificate from Sindh Directorate which according to respondents is not equivalent to DM one year Certificate of Directorate of Curriculum and Teacher Education Abbottabad, Khyber Pakhtunkhwa--Controversy with regard to equivalency of Certificates issued by IDGE Sindh and RDE Khyber Pakhtunkhwa has been dealt with by this Court exhaustively in s (supra), and it has been held that DM Certificates issued by recognized Institutions ofSindh and Khyber Pakhthunwa are having same status, as there is no law and rules to prove that certificates of both Institutions are not equivalent--Rather, this Court while taking serious notice of deplorable conduct of respondents due to not honouring s of apex Court and this Court--Respondents are directed to consider appointment of petitioner against one of vacant posts of DMs without disturbing Respondents No. 5 to 7, as according to of learned AAG, made at bar some substantive posts of DMs are still lying vacant in respondents department--Petition was allowed. 2013 PLC (CS) 142, ref. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, JUSTICE- The legal question before this larger bench to settle is, whether "Inter Grade Drawing Examination (IDE) Certificate" issued the Controller Inspector of Drawing Grade Examinations for Sindh Directorate of Schools Education, Hayderabad is equivalent to "Drawing Mater (DM) one year Certificate" of Registrar Departmental Examination (RDE), Peshawar. There are two conflicting views of this Court on equivalency of DM Certificates of the aforesaid two Institutions. The first view has…
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