Law: Constitution of Pakistan, 1973

Section: 25

Civil service--- ----Advertised posts----Educational criteria for candidates---Equivalency of educational certificates---"Inter Grade Drawing Examination (IDE) Certificate issued by the Controller Inspector of Drawing Grade Examinations for Sindh Directorate of Schools Education---Said "IDE Certificate" was equivalent to "Drawing Master (DM) one year Certificate" of Registrar Departmental Examination (RDE),Peshawar---Drawing Mater (DM) Certificates issued by the recognized Institutions of Sindh and Khyber Pakhtunkhwa had the same status, as there was no law and rules to prove that certificates of both the Institutions were not equivalent---Petitioner-candidate had done his Drawing Master (DM) certificate from Sindh which was equivalent to one year DM certificate of Khyber Pakhtunkhwa Directorate of Curriculum Teaching in Education---High Court directed appointing authority to consider appointment of the petitioner against one of the vacant posts---Constitutional petition was allowed accordingly. 1, held to be incorrect view of law. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, J.--- The legal question before this larger bench to settle is, whether "Inter Grade Drawing Examination (IDE) Certificate" issued by the Controller Inspector of Drawing Grade Examinations for Sindh Directorate of Schools Education, Hyderabad is equivalent to "Drawing Master (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 been expressed in the judgments rendered in case titled, "Khaista Rehman and others v. EDO and others" (2013 PLC (C.S.) 142) and in Writ Petition No.2004-P/2016 in case titled, "Naveed Sarwar v. Secretary Government of Khyber Pakhtunkhwa, Elementary and Secondary Education Department and others" dated 19.01.2017, wherein it has been held that certificates of Drawing Master issued by the recognized Institutes of Sindh and Khyber Pakhtunkhwa, are having the same status, thus discrimination between the certificates of these Institutions was strictly deprecated. The second view has been formed by this Court…

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