Law: Constitution of Pakistan, 1973

Section: 9,14,18,25-A,37

(a) Recruitment Policy, 2017-18--- ----Constitution of Pakistan, Arts. 9, 14, 18, 25, 25-A & 37---Appointment against the post of SESE-PET---Requisite qualification being M. A. (Physical Education)---Condition that candidate having any third division in his/her entire career would not be eligible to apply against the said posts--Effect---Reasonable restriction---Right to life---Scope---Petitioners applied for the posts in question but they were not called for test due to their third divisions in B.A.---Validity---Every citizen had right to enter upon any lawful occupation or profession subject to qualification as might be prescribed---Impugned condition which had restricted the petitioners having third division in their entire career was not prescribed by any Act of the Parliament nor same was backed by any provision of law---Said condition had been prescribed through an administrative decision by way of policy which was not permissible under Article 18 of the Constitution---Nature of rights infringed through any restriction should be proportionate to the urgency of the evil sought to be remedied by the said restriction---Constitution that any candidate who had secured third division once in his/her life time could never improve his/her educational career in future was unreasonable, harsh and irrational condition---Petitioners in the present case, who got third division in B. A. had got first in their M. A Physical Education which was prescribed qualification for the posts in question---Once a candidate having third division had been considered to have passed a particular academic class and was entitled to promote in the next class then imposing a condition that such candidate would not be eligible to apply for the post was irrational, unreasonable and harsh---Courts should not interfere in the policy matters but if policy was in conflict with any provision of law or was violative of the Fundamental Rights then same could be called in question in constitutional jurisdiction of High Court---Every citizen had a right of quality education---State was under an obligation to establish best educational institutions to enable its citizens to ensure the said…

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