Law:

Section:

Punjab Education Department (Schools Education) Recruitment Rules, 1987-------R. 5---Constitution of Pakistan (1973), Art.212(3)---Eligibility for promotion---Third Division Degree in M.A.---Civil servant was denied promotion on the ground that he was not eligible as he had Third Division in M.A.---Contention of civil servant was that requirement of possessing degree at least of 2nd Division in M.A. was meant for those candidates who had applied for initial recruitment against 33% quota, whereas candidates whose case was covered under 67% of promotion quota, amongst SSTs for the posts of Headmaster/Headmistress, were not required at least to possess 2nd Division in M.A.---Leave to appeal was granted by Supreme Court to consider the contentions of petitioner. Amir Alam Khan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 29th December, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition arises out of the judgment dated 2nd April, 2003 passed by Punjab Service Tribunal, Lahore whereby Appeal filed by the petitioner has been dismissed. Concluding para. therefrom reads as under thus:-- "A copy of the relevant Rules have been placed on record. According to the Rules, M.A. Second Division is the prerequisite for promotion from BS-17 to 18. Since the appellant is admittedly M.A. 3rd Division, therefore, he is not entitled to promotion from BS-17 to B-18. Even otherwise, the question for the fitness for promotion is to be determined by the Department Authority and not by this Court." 2. A perusal of above para. from the impugned judgment indicates that petitioner has been non-suited on the ground that he was not eligible for promotion from BPS-17 to BPS-18 because he had passed M.A. examination in 3rd Division. Learned counsel by making reference to Item No.5 from the Punjab Education Department (Schools Education) Recruitment Rules, 1987, as amended from time to time, contended that requirement of possessing degree at least of 2nd Division in M.A. is A meant for those candidates who had applied for initial recruitment against 33% quota, whereas candidates whose cases were covered under…

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