Law: Higher Education Commission Ordinance, 2002

Section: 10

Law: Constitution of Pakistan, 1973

Section: 189,199

Higher Education Commission Ordinance (LIII of 2002)--- ----S. 10---Constitutional petition---Maintainability---Policy decision of government---Civil service---Appointment against the posts of ESE (Arts), SESE (Arts) and SSE (Arts)---Candidates having degree of graduation with Sanad of Shahadat-ul-Almia sought appointment against the posts in question on the basis of equivalence certificate---Expression "Individual Institutions"---Scope---Only employer knew the requirements and could determine the suitability of qualification for the post---Determination of an educational qualification or eligibility criteria for appointment against a particular post was a policy decision---Court could not interfere with the policy matter---Government had right to enhance qualification and standards for recruitment---Petitioners could not claim vested right against retrospective application of rules---Higher Education Commission was a regulator for maintenance and improvement of higher education under the Federation---Equivalence certificate issued by Higher Education Commission could not be taken as binding advice to the Government for recruitment against any post---Purpose of equivalence certificate was evaluation, promotion or improvement of higher education and not recommendation for appointment against any post---Expression "Individual Institutions" did exclude the Government, Schools and Colleges being run by the Government---Equivalence certificate granted in favour of petitioners-candidates might be a recommendation for individual educational institution and same could not be held as binding for recruitment by the Government---Petitioners applied for the posts of ESE (Arts), SESE (Arts) and SSE (Arts) which did not fall within the purview of equivalence certificate---Court could not call in question or replace the prescribed educational qualification by competent authority or Government under ordinary circumstances---Policy could only be called in question if it was violative of Fundamental Rights or was in conflict with any provision of law---Constitutional petition was dismissed, in circumstances. Sanaullah Khan and others v. District Returning Officer, Mianwali and…

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