' The petitioners are untrained teachers working in the Government recognized schools. They intended to appear in C.T. Examination as private candidates. Their request was refused by the respondents, as such they invoked the Constitutional jurisdiction of this Court to get the proposed relief that they are entitled to appear as untrained teachers in the C.T./O.T. Examinations.
2. Arguments addressed by learned counsel for the petitioners as well as representative of respondent No,2 have been heard.
3. The main stand of learned counsel for the petitioners is that they are entitled to appear in the C.T./O.T. Etc. Examinations as untrained teachers while they are working in Government registered schools as said facility has been provided vide Notification No, SO(PI)5-1/82, dated 30-3-1987. He next argues that same facility has been taken away vide subsequent Notification No, SO(PEC)6- 10/92, dated 12-3-1993 and Notification No .SO(Boards)1-131/92, dated 17-8-1993. He submits that according to Notification No . SO(Boards)1-131-/92, dated 17-8-1993, the petitioners have been deprived of appearing in the C.T. Examination although such relief has been granted to untrained working teachers of Railway, WAPDA and Federal Government Schools who were not provided the said relief vide notifications dated 30-3-1987 and 12-3-1993 referred above, that it was as a result of amendment in notification. Dated 17-8-1993 that untrained working teachers of Railway, WAPDA and Federal Government Schools were made eligible to appear in C.T., 0.T., P.T.C. And Arts and Crafts Examinations to be conducted by the Board. He, thus, submits that exclusion of untrained working teachers in Government recognized schools is tainted with mala fide, that Article 25 of the Constitution of Islamic Republic of Pakistan, 1973, enshrines that "All citizens are equal before law and are entitled to equal protection of law:, that similarly Article 37(c) of the Constitution provides that "The State shall make technical and professional education generally available and higher education equally accessible to all on the basis of merit:, that in the light of such Constitutional guarantees, the impugned notification, dated 17-8-1993 be declared ultra vires and respondents be directed to allow the petitioners to take the said examination.
4. Conversely, the impugned notification has been supported by the representative of respondent No,2.
5. In order to appreciate the contentions of the parties, a perusal of notifications referred above is necessary, as such the same are reproduced for ready reference: Government of the Punjab Education Department.
' Notification ' No, SO(PI) 5-1/82. In supersession of this Department's notifications of even number, dated 4-2- 1985, 17-2-1988 and 21-8-1986, the Government of the Punjab has decided to allow the in service untrained teachers working in Government/ Municipal/ Registered (Schools/Institutions) to appear as private candidates in P.T.C., O.T. And C.T. Examinations provided they have teaching experience for at least 9 months in the above categories of schools.
(2) It is further laid down that those possessing matriculation certificates will be eligible to appear in P.T.C. Examination. Persons having passed Matriculation along with 'Fazil Examination' will be eligible to appear in 0.T. Examination and persons possessing F.A./F.Sc. Certificates of the Boards of Education (Secondary and Technical) will be eligible to appear in C.T. Examination.
' Jiwan Khan, Education Secretary Dated Lahore, the 30 March, 1987.
Government of the Punjab Education Department.
' Notification ' No, SO(PEC) 6-10/92. In supersession of Notification No, SO(PI) 51-82, dated March 30th, 1987, the Government of the Punjab has decided to withdraw the facility already provided to the In-service Untrained teachers working in Government/ Municipal/ Registered Schools/Institutions to appear as private candidates in P.T.C./C.T./ O.T. Examinations.
(2) The Untrained teachers working in the above said institutions may, however, qualify these courses from Allama Iqbal Open University, Islamabad as permissible under their rules. They would, however, be not allowed to appear in the examination conducted by the Education Department.
' Tanwir Ahmad, Education Secretary.
Dated Lahore the 12th March, 1993.
Government of the Punjab Education Department.
' Notification ' No, S.O(Boards) 1-131/92. The Controlling Authority of the Punjab Boards of Intermediate and Secondary Education/Government of the Punjab has been pleased to allow the in-service untrained teachers working in Government Schools (Provincial/Federal), Local Body (Metropolitan Corporation, Corporations and Town Committees) and untrained working teachers (Railway, WAPDA and Federal Government Schools) to appear as private candidates in C.T., O.T., P.T.C. And Arts and Crafts Examination to be conducted by the Boards subject to their eligibility to be determined by the concerned authority.
(2) Moreover, the Chairman of each Division should make necessary publicity that untrained teachers of the above categories duly verified by the District Education Officer and the respective Directors are 'given a chance as a special case to appear in the P.T.C. Examination (as per rules of Matric)'.
' Tanwir Ahmad, Education Secretary Dated Lahore, the 17th August, 1993.
6. A perusal of notifications reproduced above clearly reveals that initially vide notification, dated 30th March, 1987, the facility of appearing in C.T./O.T. Etc. Examinations was given to in service untrained teachers of Government recognized schools. However, this facility was later on withdrawn vide subsequent notifications, dated 12th March, 1993 and 17th August, 1993. The stand of learned counsel for the petitioners that Articles 25 and 37(c) of the Constitution cover such eventualities is devoid of force, as the said provisions of the Constitution do not relate to the facts in hand. It is the exclusive prerogative of the Government to formulate a policy for a specific group of persons. In the aforesaid notifications, dated 12-3-1993 and 17-8-1993, such facility has been withdrawn from in service untrained teachers of Government recognized schools, so the writ petitioner has no case and the writ petition is dismissed in limine.