ABDUL QAYYUM Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
This petition for leave to appeal was filed against an order of the Federal Service Tribunal which had dismissed the petitioner's service appeal as not maintainable. The petitioner, appearing in person, argued that the Tribunal failed to correctly appreciate his contention regarding the equivalence of 'Deeni Asnad' (religious qualifications) held by the respondents. The petitioner did not challenge the general recognition of these qualifications by the University Grants Commission, but contended that the respondents failed to satisfy the specific conditions prescribed in the Commission's circular dated 17-11-1982. Specifically, the circular required such 'Sanad' holders to qualify in additional elective papers (Pakistan Studies and Islamic Studies) at the B.A. level to be treated at par with regular degree holders for seniority. Finding that the question raised was of general importance and likely to affect a large number of persons employed in educational institutions under the circular, the Supreme Court of Pakistan granted leave to appeal to consider the contention.
- Whether holders of 'Deeni Asnad' must qualify in the additional subjects prescribed by the University Grants Commission's circular to be treated at par with regular degree holders for the purpose of seniority?
- Did the Federal Service Tribunal err in dismissing the service appeal as not maintainable without considering whether the respondents met the specific conditions for degree equivalence?
ORDER
1. SAEEDUZZAMAN SIDDIQUI, J .‑‑‑The petitioner has sought leave to appeal against the order of Federal Service Tribunal dated 28‑2‑1993, whereby service appeal of the petitioner was dismissed as not maintainable.
2. The petitioner, who is appearing in person, contends that his submission before the Federal Service Tribunal was not considered correctly by the learned Members of the Tribunal as he never challenged the recognition of the qualification of the respondents by the University Grants Commission as valid. On the contrary the petitioner contends that the very decision under which qualification of the respondents has been accepted, prescribed other conditions as well before they could be treated at par with the petitioner. In this connection, the petitioner referred to the circular, dated 17‑11‑1982, issued by the University Grants Commission, Islamabad, which is as follows:‑‑---
3. "EQUIVALENCE OF DEENI ASNAD WITH UNIVERSITY DEGREE.
4. The decision of the University Grants Commission on the subject, is reproduced below for information and implementation.
5. Ashahadat‑ul‑Fazeela Sanad awarded by Wafaq‑ul‑Madaris; Ashahadat‑ul‑Faragh sanad awarded by Tanzeem‑ul‑Madaris, Ashahadat‑ul‑Alia Sanad awarded by Liwahedatul Madaris‑ul‑Salfia (Ahl‑e‑Hadis); and Sultan‑ul‑Afazil Sanad awarded by Wafaq‑ul‑Madaris, Shia after Dora‑e‑Hadis be considered equivalent to the MA. in Arabic/Islamic Studies for the purposes of teaching Arabic and Islamic Studies in colleges and universities and for pursuing higher studies in Arabic and Islamic Studies. For employment in fields other than teaching, however, such Sanad holders would be required to qualify in two additional subjects other than Arabic and Islamic Studies at the MA. level from a university. They would also have to qualify in the recently introduced elective Pakistan Studies and Islamic Studies paper at the BA. level.
6. To bring uniformity to the nomenclature of the Asnad issued by different schools of thought, it was decided that henceforth the final Sanad (Degree) recognised as equivalent to MA. in Arabic and Islamic Studies will be known as "Ashahada‑ul‑Almiyya Fil Uloom‑il -Islamia:"
7. From the contents of the above circular of the University Grants Commission, it appears that while declaring the qualification obtained by persons from various religious institutions at par with MA. Arabic and Islamic Studies for the purpose of teaching Arabic and Islamic Studies in Colleges and Universities and for pursuing higher studies in Arabic and Islamic Studies, the Commission further provided that such `Sanad'‑holders were also required to qualify the elective Pakistan Studies and Islamic Studies papers presently introduced at BA. level for availing the concession.
8. The petitioner contends that none of the respondents had qualified in those additional papers prescribed in the circular dated 17‑11‑1982 and as such they could not 'be treated at par with the petitioner for the purpose of seniority in the case. The contention raised by the petitioner is of general importance and is likely to affect a large number of persons who have acquired qualification from `Deeni Madaris' and are employed in the educational institutions by virtue of above‑mentioned circular. We, accordingly, grant leave to appeal to consider the above contention.
9. AA./A‑1079/S Leave to appeal granted.