Law: Constitution of Pakistan, 1973

Section: 38(e)

JUDGMENTSHEET  ARBAB MUHAMMAD TAHIR, J: The instant writ petition emanates from letter dated 30.06.2016 issued by the respondent No.3 (Higher Education Commission Islamabad‘HEC’).   The case, set up by the petitioners, is that the Standing Committee of the National Assembly on Federal Education and Professional Training in its meeting held on 26th May, 2016 in Abdul Wali Khan University, Mardan Khyber Pakhtunkhwa-‘KPK’, recommended upgradation     of Administrative Officers hailing from all the Universities in KPK. The petitioners retain alike status and also highlighted the benefit of one-step upgradation extended to the faculty members of all the Universities in KPK in the past vide Circular dated 19.10.2006 with the assent of the Chief Executive of the Country. The HEC vide letter dated 16.06.2016 forwarded recommendations of the Standing Committee to the Vice-Chancellor, Abdul Wali Khan University Mardan for implementation on priority-basis but subsequently backed out vide Letter dated 30.06.2016 addressed to All Public Sector Universities KPK in terms that upgradation as recommended by the Committee shall not be undertaken in any manner till approval of the same by the Government.  Hence, instant writ petition.   Arguments advanced by learned counsel for the petitioners, learned AAG ICT, AAG KPK and counsel for respondent HEC have been heard and record perused with their able assistance.  Learned counsel for the petitioners placed reliance upon case law reported as 2001 SCMR 1161, 1991 SCMR 1041 and 2020 SCMR 568. Learned counsel for the respondent HEC in respect of his contention that this court lacks jurisdiction in the matter placed reliance upon case law reported as 2002 SCMR 797, 2012 PTD 1869 and order dated 30.03.2012 passed by the Hon’ble Peshawar High Court in WP 3239-P/2016. Learned AAG KPK took the same stance and placed on record copy of letter dated 16.05.2022 written by Higher Education Department KPK to the Registrar Abdul Wali Khan University Mardan KPK.   Heard, record examined.   The prayer of the petitioners is twofold i.e. to declare letter dated 30.06.2016…