Law: Higher Education Commission Ordinance, 2002

Section: .2, 10 , 20

Law: Constitution of Pakistan, 1973

Section: 143

(a)   Higher Education Commission Ordinance (LIII of 2002) ---

----Ss.2, 10 & 20 ---Constitution of Pakistan, Art.143---Determining equivalence of academic qualifications---Relevant forum---Higher Education Commission---Higher Education Department---Powers, distinction and scope of both forums---The petitioner applied for the post of lecturer with the Punjab Public Service Commission (PPSC)---PPSC required an equivalence certificate for the degree---The HEC issued a certificate equating petitioner's degree to a master's degree in the relevant field---However, the HED declared his degree not equivalent, leading to the rejection of his candidature by PPSC ---The legal point for consideration before the High Court was as to "which of the two institutions (HEC or HED) would have primacy for determining the equivalence of the degree of the petitioner"---Held: The university and the degree the petitioner obtained were squarely covered by the Higher Education Commission Ordinance, 2002 (the "HEC Ordinance, 2002")---Secondly, HEC by the terms of HEC Ordinance, 2002 was the only authority which could determine the equivalence of degrees awarded by any University, whereas, HED did not have the statutory backing that HEC Ordinance, 2002 provided to HEC for determination of equivalence---For instance, if the students from degree awarding institutions located in a particular province applied for higher education or for jobs in other provinces, and any dispute arose regarding the equivalence of their degree(s), HEC would be the only federal institution that would have the mandate under S.10(o) of HEC Ordinance, 2002 for making determination over the equivalence and recognition of degrees, diplomas and certificates awarded by institutions within the country and abroad---HEC was thus central to the dispute resolution mechanism in relation to equivalence of degrees by degree awarding institutions all over the country to the exclusion of provincial entities like the HED and its Committee---Moreover, in light of Art. 143 of the Constitution, the HEC Ordinance, 2002 having been enacted through the Parliament (Federal Legislation) would have precedence over any provincial legislation to the extent of repugnancy---HEC was the only forum for determining equivalence of the degrees of the universities under S.10(1)(o) of the HEC Ordinance---HEC having been constituted under a federal law, its determination should prevail over other provincial entities performing similar functions---The decision by the Commission to ignore the equivalence certificate issued by HEC thus could not sustain in law and facts of the case--Impugned decisions taken by the committee in its meetings and orders passed by the Punjab Public Service Commission in rejecting the candidature of the petitioners were declared to be without lawful authority and of no legal effect,and in light of the decision of HEC the degree of the petitioner was declared equivalent to the prescribed qualification mentioned in the advertisement---Constitutional petition was allowed, in circumstances.

Wajid Ali v. Pakistan Bar Council PLD 2017 Lah. 584 ref.