2026 PLC(CS) 628

SHAMS UDDIN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA

Citation2026 PLC(CS) 628

CourtFederal Constitutional Court

Judge(s)Ali Baqar Najafi and Muhammad Karim Khan Agha

ORDER

MUHAMMAD KARIM KHAN AGHA, J.--- Shams-ud-Din ( petitioner ) , through the present petition for leave to appeal, calls into question the judgment dated 23.10.2025 ( impugned judgment ) passed by the Peshawar High Court. By the impugned judgment, the High Court dismissed the writ petition filed by the petitioner, wherein he had sought a direction to the authorities concerned to award him the marks in respect of his qualification of Shahadat-ul-Aalmiya, to revise his merit position accordingly and to consider him for appointment in accordance with his entitlement. The petitioner had also challenged the condition contained in the advertisement denying marks for Shahadat-ul-Aalmiya of Darja-e-Alia, seeking a declaration that it was illegal, without lawful authority and liable to be struck down.

2. Briefly stated, the facts are that the petitioner applied for the post of Qari (BPS-12) in the Elementary and Secondary Education Department, Chitral, Khyber Pakhtunkhwa, for which the prescribed qualifications were a Bachelor s degree from a recognized university and a Sanad of Qirat from a recognized institution. Although the petitioner possessed Shahadat-ul-Aalmiya, the marks for the said qualification were not counted on the ground that it was relevant only for the posts of Arabic Teacher and Theology Teacher. Aggrieved thereby, the petitioner approached the High Court through a writ petition, which was, however, dismissed by the impugned judgment.

3. Learned counsel for the petitioner contended that the petitioner had applied for the post of Qari (BPS-12) pursuant to an advertisement published by the Elementary and Secondary Education Department, Chitral, Khyber Pakhtunkhwa. It was argued that, despite possessing the requisite qualifications and legitimately expecting appointment on merit, the petitioner was informed that the marks for his Sanad of Shahadat-ul-Aalmiya would not be counted, on the ground that the said qualification was relevant only for the posts of Arabic Teacher and Theology Teacher. Learned counsel further submitted that the condition contained in the advertisement denying the award of marks for Shahadat-ul-Aalmiya is without lawful authority, lacks legal backing and is therefore liable to be struck down.

4. We have heard learned counsel for the petitioner and perused the record.

5. The main grievance of the petitioner is that he was not appointed to the post of Qari (BPS 12) because he did not achieve the required marks as his marks for his Sanad (Shahadat-ul-Aalmiya) were excluded when according to him they ought to have counted which would have lead to his appointment in the post which he had applied for; that such exclusion of his marks did not have any legal basis and therefore was not sustainable under the law.

6. The key to the case of the petitioner is whether the petitioner met the required terms, conditions and qualifications contained in the advertisement for the job in question being Qari (BPS-12).

7. As per the job advertisement the required qualification was Bachelor Degree from a recognized university and a sanad of Qirat from a recognized university. For ease of reference the qualification as mentioned in the advertisement is set out below;

And it has been mentioned in the advertisement in clear term that;

8. As such, from a plain reading of the advertisement, which the petitioner applied under, it was made clear from the very outset that his Sanad (Shahadat-ul-Aalmiya) would not be acceptable for the position for which he had applied and as such, his contention is without merit.

9. With regard to the exclusion of his Sanad (Shahadat-ul-Aalmiya) not being anchored in law, this is also misconceived.

10. The method of recruitment, qualification and other conditions as mentioned in the advertisement are in line with the Notification bearing No. SO(PE)4-5/SSRC/Meeting/2012/Teaching Cadre dated 13.11.2012 as well as the relevant rules [Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989]. For the convenience of reference, relevant part of the ibid Notification is reproduced herein below;

S. No.

Nomenclature of the post

Minimum qualification and experience for initial appointment or by transfer

Age limit

Method of recruitment

Qari (BPS-12)

Intermediate with Hafiz-e-Quran and Qirat Sanad from a recognized Institution

18 to 35 years

By initial recruitment

11. Subsequently, qualification for the post in question has further been enhanced to that of Bachelor Degree by way of Notification bearing No. SO(PE)4-5/SSRC (Meeting/2012/Teaching Cadre/2017 dated 30.01.2018, wherein the following amendments have been made in columns Nos. 3 and 4 of the earlier Notification dated 13.11.2012;

(i) Bachelor s Degree from a recognized University and Qirat Sanad from registered Institution; and

(ii) Nine months in service mandatory professional training at Regional Institute for Teacher Education (RITE) or Provincial Institute for Teacher Education (PITE)

19 to 35 years

12. When seen on the above touchstone, the very contention of learned counsel for the petitioner with regard to not awarding marks of Shahadat-ul-Aalmiya is misconceived as it has specifically been mentioned in general conditions of the advertisement reproduced earlier that marks of Shahadat-ul-Aalmiya would not be given to other cadres except for the post of TT and AT.

13. We have also noted that it was not the petitioner alone who was not given marks of Shahadat-ul-Aalmiya but all competing candidates were treated alike and no special treatment has been extended to anyone. These conditions as mentioned in the advertisement have also been backed by the Notifications ibid, which have been made in pursuance of the provisions as contained in sub-rule (2) of Rule 3 of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989.

14. As such we find that the petitioner was not qualified for the post which he applied for, that the required qualifications were anchored in law and that the petitioner was not discriminated against vis-a-vis other applicants and as such we find the petition to be without merit, refuse leave to appeal and uphold the impugned Judgment.

UN/5/FCC Petition dismissed.