' SARDAR MUHAMMAD RAZA C,J.----The posts of Primary Teaching Certificate (PTC) teachers were advertised in the daily 'Mashriq', Peshawar in its issue, dated 7-2-1999 by Director of Education Primary Schools, N.-W.F.P., Peshawar with a basic condition, inter alia, that those who have qualified from Elementary Colleges of N.-W.F.P. Would be given preference over all others having' qualified from any other Institution/s. The petitioners are hit by such condition and are refused entry because they are either qualified from Allama Iqbal Open University, Islamabad or Jamshoro, Sindh.
2. The case had already been heard by a Division Bench of this Court comprising Humble Mr. Justice Shakirullah Jan and Hon'ble Mr. Justice Talat Qayyum Qureshi. During arguments, they got confronted with a judgment in Writ Petition No, 544 of 1995, decided on 27-10-1996 at the principal seat of this Court about which they had some reservations and hence upon their reference, this larger Bench was constituted before which detailed arguments were addressed once again to resolve the point as to whether the candidates having qualified PTC from Elementary Colleges of N.-W.F.P. Should be given preference over those who have qualified from other Institutions of the country.
3. The learned counsel for the petitioners was of the view that the petitioners have qualified PTC from the recognized Institutions of the country and hence should not be treated with discrimination, being violate of the provisions of Article 25 of the Constitution. It is a matter of paramount importance that recognized Institutions in a country must be treated at par with each other failing which the importance of recognition lose the very significance. We believe that the discrimination involved in the instant case, indirectly affects the very incidence of recognition' of certain Institutions which are otherwise recognized by the Government as well as by the University Grants Commission.
4. It is again a matter to be taken note of that for the recruitment of Senior English Teacher (SET) and Senior Verancular Teahcers (SVT) no preferential treatment is given to the candidates even if qualified from Allama Iqbal Open University. The preferential treatment meted out to PTC teachers alone does not conform to any norms of either logic or any principle of reasonable differentia.
5. The learned Assistant Advocate-General supported the stance taken by the Education Department that the students qualifying from Allama Iqbal Open University, Islamabad are not imparted training as a part of studies but the learned A.A.-G. Had no answer to the rebuttal that practical training is imparted to the PTC trainees of Allama Iqbal Open University in various Elementary Colleges of the country, including those of the N.-W.F.P.
6. The next defense adopted by the respondents was, that they prefer PTC trainees of N. W.F.P.
Because in their Elementary Colleges, the very admission to PTC candidates is given on the basis of vacancies that fall from time to time in the Districts of N.-W.F.P. This by itself is no ground for the preferential treatment and is not supported by any logical reason because the candidates qualifying from their Institutions might eventually fail in the entrance examinations and interviews and those qualifying from Punjab, Sindh or Allama Iqbal Open University, Islamabad, validly domiciled in the N.-W.F.P., might be much superior in, the examinations and might be more likely to be selected.
7. The reason is not well-founded from another point of view as well because it presupposes the final selection of every PTC candidate if qualified from Elementary Colleges of N.-W.F.P whether or not he qualifies the examination or whether or not he is competent enough to qualify the test, or interview, notwithstanding the fact that competent and capable candidates were available from other recognized Institutions of the country. This goes without saying that such admissions in Elementary Colleges based on vacancies in the Province or in the Districts is not followed in case of SETs and SVTs. This special course of action adopted against PTCs is a clear discrimination, not based on reason or logic. It is neither provided in Rules nor in any Prospectus.
8. Last but not the least, the University Grants Commission has categorically ruled through its Equivalence Committee that the degrees, certificates, diplomas issued by Allama Iqbal Open University are equivalent to all above awarded by all the Universities of Pakistan. The learned A.A.- G. Has not either refuted or contested such certificate on record. No discrimination, or policy ultimately leading to discrimination, can be adopted or resorted to and if so done, would clearly be in violation of Article 25 of the Constitution.
9. So far as a Division Bench judgment, dated 27-10-1996 of this Court given in Writ Petition No, 544 of 1995 is concerned, we would humbly differ therewith on the grounds already mentioned.
Moreover, we are quite confident that had the equivalence certificate of the University Grants Commission been produced before the Humble Division Bench of the above case, the decision would altogether have been quite the reverse of it.
10. Consequently, the writ petition is accepted and the advertisement issued by respondent No, 1 and the system of selection resorted to, by giving preference to the PTC candidates having qualified from the Elementary Colleges of N.-W.F.P. Over all others having qualified from other similar or equivalent Institutions of the country, is discriminatory and violative of the provisions of Article 25 of the Constitution.