Case Details

Citation(s)
2005 SLG 1892 2005 SLD 1892 2005 PLD 695
Lahore High Court
Writ Petition No. 14075 of 2005, decided on 3rd August, 2005
IFTIKHAR HUSSAIN CHAUDHRY, C, J
Azam Nazeer Tarar for Petitioners. Muhammad Akbar Tarar, Addl. A.G. Ghulam Hader Al-Ghazali for
Respondent No. 3

MUHAMMAD YOUNIS IQBAL and anothers

VS

DISTRICT RETURNING OFFICER, (DISTRICT AND SESSIONS JUDGE), GUJRANWALA and 9 others

Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------S. 152(1)(e)---Inter-Board Committee of Chairmen's Memo. No.IBCC/ES/Misc./1219, dated 21-7-2005---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Qualification for candidates--Minimum educational qualification prescribed for the candidates for the seats of Nazim and/Naib Nazim---Term "equivalence"---Connotation--Provision of S.152(1)(e), Punjab Local Government Ordinance, 2001 envisages that a candidate for the seats of Nazim and/or Naib Nazim must possess Matriculation Certificate; or Secondary School Certificate; or Certificate issued by any other institution, which is equivalent to said Certificates---Federal and Regional Boards of Intermediate and Secondary Education of all the Provinces in the Country, are the only . institutions, which can grant Matriculation or Secondary School Certificates---No other institution in the country is competent to issue Matriculation or Secondary School Certificate---Boards of Intermediate and Secondary Education in the country maintain a reasonable standard of education and examinations, maintain integrity of records and various certificates of education granted by the Boards, carry universal respect and acceptance, but this is not so as regards the cases of other institutions, foreign or local---Notwithstanding the claim of private institutions or inscription of Matric on face of certificates issued by these institutions, these cannot be treated or accepted, as Matriculation Certificates, unless the competent Authority grants equivalence status to such certificates---Certificates issued by other institutions arc not matriculation or Secondary School Certificates, therefore, they have to be granted equivalence status by the competent Authority---Term equivalence means parity or equality---Equivalence denotes and means hundred per cent. parity and equality in every sense---Limited, partial or substantial parity with the official Matriculation Certificate, cannot be treated as making a person eligible under S.152(1)(e), Punjab Local Government Ordinance, 2001---Very concept that a certificate, which is not hundred per cent. at par or equivalent…
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