Petitioners submitted nomination papers for the seats of Nazim and Naib Nazim, Union Council No, 95, Qila Dedar Singh Town, Gujranwala. The nomination papers submitted by petitioners were accepted by the Returning Officer. On appeal, the appellate authority/Sessions Judge, Gujranwala, rejected the nomination papers filed by Petitioner No, 2, on the ground that Certificate/Sanad in his possession, was not equivalent to Matriculation Certificate and even the Notification issued by the Election Commission of Pakistan, went against him, as the institution, which issued the said Sanad, was not included in the List of Institutions, which the Election Commission had included in its Notification dated 15.11.2001.
2. Aggrieved of aforesaid order, under consideration petition was submitted.
3. Learned counsel for Respondent No, 3 appeared of his own.
4. Learned counsel for the parties were heard at length.
5. Learned counsel for the petitioners submitted that nomination papers submitted by petitioners were duly accepted by Returning Officer but ,were rejected by appellate authority/Sessions Judge on erroneous grounds. It was submitted that "Sanad", issued by an institution, was equivalent to a Matriculation Certificate and was being used as such in all the proceedings, recoursed to elsewhere and Petitioner No, 2, as such, could not be thrown out of the contest. The respondent, on the other hand, vehemently argued that this "Sanad", issued by a private institution, could not be treated as equivalent to a Matriculation Certificate, unless it was certified to be so by the Inter- Board Committee of Chairman, commonly called "Equivalence Board" and, therefore, the order passed by the appellate authority/Sessions Judge, was a valid and lawful and could not be interfered with.
6. Learned counsel for the petitioners was allowed an opportunity to get an equivalence certificate from the competent authority. He has failed to produce any certificate from the Inter-Board Committee of Chairman.
7. The promulgation of Punjab Local Government Ordinance, 2001 (hereinafter called "the Ordinance") ushered into a new era or local self-Government and empowerment of people. Local Governments were given enormous powers to run their own affairs. The new administrative heads of Local Governments were conferred vast administrative and financial powers. The new roles assigned to Nazims and Naib Nazims, made it imperative for these administrative heads to possess a certain level of education, so that they were able to run the Local Governments successfully. The Legislature, for the purpose, prescribed a minimum educational qualification for the candidates. Section 152(1)(e) reads as under: "(e) has academic qualifications of not less than matriculation or secondary school certificate or. equivalent from a recognized institution, for contesting the election of a Nazim or a Naib Nazim;"
The provision envisages that a candidate for the slots of Nazim and/or Naib Nazim must possess:--
(i) Matriculation Certificate; or
(ii) Secondary School Certificate; or
(iii) Certificate issued by any other institution, which is equivalent to above Certificates.
8. The Federal and Regional Boards of Intermediate & Secondary Education of all the Provinces in the country, are the only institutions, whichd can grant Matriculation or Secondary School Certificates. No other institution in the country is competent to issue Matriculation or Secondary School Certificates. These Boards prescribe standardized curricula and hold. examinations and then grant Certificates of education to successful candidates. These Boards maintain a reasonable standard of education and examinations, maintain integrity of records and various Certificates of education granted by them, carry universal respect and acceptance. But this is not so as regards the cases of other institutions, foreign or local.
9. Our society has failed to evolve and prescribe a universal and uniform system of education at national level. Due to this, uncontrolled mushroom growth of educational institutions has taken place in the country. Private educational institutions follow curricula of foreign- origin of all sorts and grant Certificates, which may or may not be based on any particular standard. Then there are traditional religious schools or institutions, which have their own system of education, Which may or may not be regulated by any other organization or higher forum. All these institutions grant Certificates after 10/11 years of schooling. Notwithstanding the claim of these private institutions or inscription of Matric on their face, certificates issued by these institutions, cannot be treated accepted, as Matriculation Certificates, unless the competent authority grants equivalence status to such certificates. The law is quite clear. The certificates issued by other institutions are not Matriculation or Secondary School Certificates. Therefore, they have to be granted equivalence status by the competent authority.
10. Term equivalence means parity or equality. An educational certificate, issued by any institution, other than the Federal or Regional Boards of Intermediate & Secondary Education of the Province, cannot be considered to be a Matriculation Certificate, unless it is declared to be so by the competent authority, which in this case is the Inter-Board Committee of Chairman of the Board of Intermediate & Secondary Education, in the country. The Inter-Board Committee has declared following criteria for treating certificate issued by other institutions as equivalent to Matriculation or Secondary School Certificate vide Memo. No, IBCC/ES/MISC/1219 dated 21 July, 2005: "Subject: EQUIVALENCE OF MATRICULATION OR SECONDARY SCHOOL CERTIFICATE FROM RECOGNIZED INSTITUTIONS. Kindly refer to your Letter No, F. 3(4)/2005-Elec., dated 21.7.2005 on the above subject. inter Board Committee of Chairman considers the following certificates of local and foreign educational qualifications 'equivalent to Secondary School. Certificate issued by any Board of Intermediate and Secondary Education in Pakistan:--
(i) Grade 1-from any recognized/accredited school/college in USA.
(ii) 0 Levels in five subjects UK including subject of English from any recognized institution located outside Pakistan.
(iii)0 Levels in seven subjects including the compulsory Subjects of English, Urdu, Pakistan Studies and Islamiat.
(iv)Shahadatul Sanvia from any recognized institution/Wafaq located in Pakistan subject to passing the subjects of English, Urdu and Pakistan Studies at SSC level, from any BISE of Pakistan.
Unless the Inter-Board Committee grants an equivalence certificate, no educational certificate can be considered as Matriculation Certificate, regardless of the claim of the private institutions or foreign institution or any organization, which might be running that institution. Claim of a private educational institution, religious or otherwise, that educational certificate issued by it, was a Matriculation Certificate, carries no weight, at all. Historically, in Punjab, Sanads of "Munshi Fazil" or "Adeeb Alam" etc. were granted by vernacular institutions, which the University of Punjab, which was the competent authority in those days, treated as equivalent to certain certificates or degrees issued by the University of Punjab for limited educational purposes or for limited purposes of employment. Where an equivalence certificate is granted for a limited purpose, that certificate can be utilized by the person, possessing that certificate, for that purpose only and not for any other purpose. Equivalent denotes and means hundred per cent parity and equality in every sense. A limited, partial or substantial parity with the official Matriculation Certificate, cannot be treated as making a person eligible under Section 152(1)(e). Rather, the very concept that a certificate, which is not hundred per .cent at par or .equivalent to the-Matriculation Certificate, should be treated as such, is a proposition, which at the face of it is preposterous and unacceptable. Such a certificate, therefore, would not make a candidate eligible under Section 152(1)(e) of the Punjab Local Government Ordinance, 2001 to contest election for an office of a Local Government.
11. The legislative provisions relating to qualification or eligibility of a particular candidate for the office of Nazim and/or Naib Nazim have to be construed strictly. Relaxation of criteria is not envisaged by the law, because relaxing the criteria, would defeat the very purpose of the scheme of devolution of power, which is being enforced through he Ordinance and compromise in this context is not permissible and no concession can be given to any candidate on any other considerations. A candidate must be Matriculate in terms of provisions of Section 152(1)(e) of the Ordinance to be eligible to contest the election. Sans Matriculation Certificate or a certificate, which has been declared to be at part in all respects, with the Matriculation or Secondary School Certificate, a candidate is ineligible to contest the election and cannot be permitted to take part in the election process.
12. In the case in hand, the petitioner Muhammad Asghar had relied upon a Sanad' of a private institution, claiming the same to be certificate of matriculation. His nomination papers were rejected on the ground that the candidate had failed to produce equivalence certificate to be issued by the Inter-Board Committee of Chairman. Even in these proceedings, petitioners were afforded an opportunity to obtain certificate of equivalence from the Inter-Board Committee of Chairman. Despite availing of opportunity, petitioners were unable to produce the requisite certificate. As Petitioner No, 2 was not in possession of Matriculation or Secondary School Certificate, he could not claim himself to be qualified to be elected to an office of Local Government.
13. The orders being impugned herein, being in, perfect consonance with the law on the subject, cannot be interfered with in the Constitutional jurisdiction vesting in this Court under Article 199 of