Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 25---Civil service---Appointment as teacher---Candidates qualifying from institutions other than Elementary P.T.C. Colleges managed and controlled by Provincial Government---Principle of discrimination---Applicability---Since all educational institutions situated within the country are duly recognized by University Grants Commission and their certificates and diplomas are given equivalence by the Commission, there is no warrant for discriminating the candidates qualifying from the institutions other than Elementary P.T.C. Colleges managed and controlled by the Provincial Government. Oliver Brown v. Board of Education of Topeka 347 U.S. 483, `349 U.S.294; Sharin Munir v. Government of Punjab PLD 1990 SC 95 and Attiyya Bibi Khan v. Federation of Pakistan 2001 SCMR 1161 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Judgment passed by High Court in Constitutional jurisdiction---Effect---Past and closed transaction, doctrine of---Applicability---Policy adopted by Provincial Government regarding appointment of teachers was declared by Full Bench of High Court as void ab initio and without lawful authority---Appellants were appointed prior to such declaration and their appointments were on merits--Grievance of appellants was that their appointments could not be affected by the declaration given by Full Bench of High Court---Validity---Declaration to the effect that all appointments made under the earlier policy were illegal, void and without lawful authority could not sustain being against the law as the of High Court would operate prospectively and not retrospectively adversely affecting the rights already accrued to the teachers appointed before the declaration of law by Full Bench of High Court---Appointments made prior to the were neither inherently illegal nor ultra vires the law---Appellants were amongst the candidates who qualified from Elementary P.T.C. Colleges of N.-W.F.P., Allama Iqbal Open University and other Institutions on merits and having regard to the qualifications obtained by such' persons, many of the appellants were even not party to the Constitutional petitions before the High…

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