Law:

Section:

Pakistan Engineering Council Act (V of 1976)-------S.27---Constitution of Pakistan (1973), Arts.25 & 185(3)---Respondents holding M.Sc. Degree in Physics were appointed as Engineers in Radio Pakistan---Pakistan Engineering Council Act, 1975, which was enacted after respondent's appointment envisaged that only graduate engineers were qualified to be appointed as Engineers in various departments including Pakistan Broadcasting Corporation---Respondents not being graduates in Engineering were, accordingly ineligible for recruitment and though they were allowed to remain in service, yet were not granted Class I status in B.P.S.17---High Court, in Constitutional jurisdiction found that such treatment to respondents was discriminatory inasmuch as respondents were deprived of the same status as given to graduate Engineers although they were working in the same circumstances and on the same conditions---Leave to appeal was granted to consider whether provisions of Art.25 of the Constitution had been infringed as the respondents were graduates simpliciter, not being graduates in engineering while the other employees belonged to a different class being holders of graduate degrees in Engineering---As the two did not belong to the same class, prima facie, the question of discrimination and differentiation would not arise. ORDER NASIM HASAN SHAH, J.---This petition for special leave to appeal is directed against the judgment, dated 27-2-1989 passed by a Division Bench of the Peshawar High Court in Writ Petition No.496 of 1982. The relevant facts briefly are that respondents Nos. 1 to 3 joined service of the Government of Pakistan in the then Radio Pakistan in the years 1966, 1967 and 1908 respectively as Engineers. They are holders of M.Sc. Degree in Physics. In 1972, Radio Pakistan was converted into a Statutory Corporation and the services of the respondents stood transferred to the said…

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