' TALAT QAYUM QURESHI, J.---The petitioners who are M.A. In Education, seek declaration that the exclusion of the qualification of M.A. Education for the appointment to the posts of Senior English Teachers (SETs) by respondent No,2 in the advertisement published in Daily 'Nawa-iWaqt', dated 22-3-1999 is against the provisions of Constitution of Islamic Republic of Pakistan and as such is ineffective against the rights of the petitioners and the petitioners are entitled to take part in the ensuing tests and interviews and appointments on the basis of merits. A direction has also been sought for respondents Nos,2 and 3 to issue the application forms for submission for the said posts and allow the petitioners to enter into the processes of selection for appointments as Senior English Teachers. The respondents were served with pre-admission notice and were directed to file comments which they filed.
2. Haji Ghulam Basit, Advocate, the learned counsel representing the petitioners argued that the petitioners are having the highest professional qualification, i,e,, M.A. In Education and are entitled to appointments on different posts including S.E.T. In N.-W.F.P. Under the West Pakistan Education Department Subordinate Regional Service (Administrative Branch) (Men's Section) Rules, 1962 and West Pakistan Education Department Sub-Ordinate Regional Service (Teaching and Administrative Branch) (Women's Section) Rules, 1965. Qualification of M.A. Education was treated as higher qualification for the purposes of recruitment of Senior English Teachers. The Government through its Letter No, P.D.(ER-II) (2)-123/83.K.C. Dated 4-2-1986 (Annexure-D) also treated M.A. Education as higher qualification and declared that all High School Teachers possessing M.A. Education or M.Ed.
Qualifications would be entitled to advance increments. The Deputy Director, Secondary Education, N.-W.F.P., Peshawar vide his Letter No,1593/A-258/ADV: increments: 1996, dated 11-3-1998 (Annexure E) addressed to Section Officer Schools while quoting various letters/notifications whereby M.A.
Education was treated equivalent/at par with M.Ed. Had recommended that Teachers having M.A.
Education qualifications are entitled to three advance increments. Similarly, University Grants Commission vide its Letter No,8-IC/UGC/SEC/98/1228, dated 30-7-1998 (Annexure F) declared B.S. M.Ed. M.S.Ed. (Science) as equivalent to B.Ed., M. Ed., M.A. Education, M.V.E., M.A. Technical Education (Industrial Area) for the purposes of appointment to the posts in the Ministries/Departments of Education University in the related fields education. Directive of Institute of Education and Research University of Punjab, dated 10-12-1997 shows that the duration of M.A. Education is more than B.Ed.
And equivalent to M.Ed. Which clearly suggests that the .Qualification of M.A. Education is even preferable to B.Ed. Not only the Education Department in the advertisements published in Daily "Nawa-iWaqt" on 23-10-1995 for the post of Senior English Teachers included M.A. Education as qualification for the candidates but the Public Service Commission also treats this qualification as higher qualification as is clear from advertisement, dated 25-10-1995 published in Daily Frontier Post. It was further argued that omission to consider the qualification of M.A. Education for the post of Senior English Teacher amounts to deprive the petitioners who are highly qualified in the professional education to apply, compete and to be appointed as such. The petitioners have been denied the opportunity to service being suitable and eligible persons which stands guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. The said omission, it was argued, is also against Article 25 of the Constitution of Islamic Republic of Pakistan, 1973, hence unwarranted and unjustified.
3. On the other hand, the learned Assistant Advocate-General argued that B.A. And M.Ed. Are professional degrees whereas M.A. In Education is academic qualification. The rules known as West Pakistan Education Department Subordinate Regional Services (Administrative Branch) (Men Section) Rules, 1962 stand amended with effect from 21-12-1992. Hence M.A. In Education is no more requisite qualification for the post of Senior English Teacher. Regarding award of three increments to the Teacher having M.A. Education qualification, it was argued, that three advance increments were given under misconception of rules and law in Education Department. On pointation by Finance Department, the Education Department has started recovery from such teachers. It was further argued that the petitioners have no cause of action and locus standi, hence the writ petition be dismissed. Mr. Abdur Rauf Khan Jadoon, Advocate, representing the newlyimpleaded respondents stated that respondents 4 to 159 had submitted their applications in time to the appointing authority. 11-4-1999 was fixed for screening test of all the candidates including respondents Nos,4 to 159 who appeared and qualified the same. They were interviewed on 3-5-1999 by the Interview Board and have been declared qualified by the said Board. Now the Department has only to pass formal appointment orders. He further argued that many vacancies of S.E. Teachers are lying vacant in Hazara Division and not only the respondents 4 to 159 have already been selected by competent Board can be appointed as S.E.T. Teachers but the writ petitioners can also be appointed against the said posts without disturbing the already selected candidates. He adopted the arguments of the learned A.A.-G. And prayed that the writ petition be dismissed.
4. We have heard the learned counsel for the parties and perused the record carefully. The moot question in this case is as to whether M.A. In Education is equivalent to M.Ed. Or, not. In order to determine the equivalence the only competent forum available in Pakistan is "Equivalence Committee" constituted under section 13(d) of University Grants Commission Act, 1974. This Standing Committee determines the equivalence of degrees, diplomas and certificates awarded by various Universities and Institutions of the world for the purpose of employment and admissions in Pakistan. The Equivalence Committee decides each and every case on its merits. Equivalence is determined keeping in view duration of stay, intensity of the course, contents of the course and examination standards etc. The decisions of the Committee are independent and weightage is given to its decisions by all the Departments, Universities and Colleges. Equivalence Committee of the University Grants Commission in its 25th meeting held on 1-3-1990, decided to recognize BS.Ed, MS.Ed (Science) equivalent to B.Ed. M.Ed. And M.A. (Education), M.Sc./M.A. (technical education in Industrial Arts). The decision of the Committee is reproduced hereunder:-- "The Equivalence Committee of U.G.C. In the 25th meeting held on 1st March, 1990 has decided to recognize BS. Ed., MS.Ed. And M.Ed. (Science) degree awarded by the University of the Punjab as equivalent to B.Ed., M.Ed. And M.A. (Education/MBE/M.A. Technical Education (Industrial Arts) respectively for the purposes of appointtsment for the post of Ministries/ Departments of Education/Universities in the related field of education."
' Similarly vide Letter No,8-IC/UGC/Secy/98/1228 dated 30-7-1998 written by Secretary, University Grants Commission, Islamabad, M.A. Education degree was declared equivalent to B.S. Ed. And M.S.Ed.
5. Government of the Punjab, Education Department has also declared equivalent the degree of M.A. Education in Education with the degree of M.Ed. Of the Institute of the Education and the Research of the University of the Punjab vide Notification No,SO (FI) Q-W/84 (Misc.) dated 15-7- 1985.
6. Similarly Assistant Director, Institute of Education and Reaserch University of the Punjab has certified that M.A. In Education, M.Ed, M.B.E., M.Ed (Technical), Master of Science Education, (M.S.Ed.) are equivalent and superior to B.Ed. Degree. The abovementioned degrees have been certified as professional as well as academic for the subjects of Education.
7. According to the West Pakistan Education Department Subordinate Regional Services (Administrative Branch) (Men Section) Rules, 1962 minimum qualification prescribed for appointment by initial recruiment for the post of Assistant Inspector, Assistant District Inspectress of Schools, Senior English Teacher and Assistant Masters was: "B.A./B.Sc. With B.Ed. From recognized University or an equivalent or higher qualification e.g. M.A.
Education."
' Similarly as per West Pakistan Education Department Subordinate Regional Service (Teaching and Administrative Branch) (Women's Section) Rules, 1965 the requisite qualifications for the post of Assistant Ministries, Senior English Teacher, Science, Home Economics, Guidance, Commercial Industrial Arts Teachers, Assistant District Inspectress of Schools and Assistant Inspectress of School was: "B.A./B.Sc. And B.Ed/M.Ed or M.A. In Education from recognized University or equivalent qualification preferably with degree in relevant subjects."
8. West Pakistan Education Department Subordinate Regional Service (Administrative Branch)
(Men Section) Rules, 1962 were amended vide Notification .No,SORI (S&GAD) 4-6/78 (Vol.II), dated 21-12-1992 the requisite qualification for S.E.T. Men and Women after amendment is: "Bachelors degree with B.Ed. Or equivalent qualification from recognized University."
' It would not be out of place to mention here that West Pakistan Education Department Subordinate Regional Service (Teaching and Administrative Branch) (Women's Section) Rules, 1965 have not been amended so far by the Government of N.-W.F.P. And in the abovementioned notification words "men/women" have been inserted which would not automatically change/amend the said rules.' The arguments of the learned Assistant Advocate-General that M.A.In Education is no longer a prescribed qualification for appointment to the post of Senior English Teacher is not tenable.
' We have also noted with concern that the officials of the Education Department, Government of N.-W.F.P. And N.-W.F.P. Public Service Commission still consider qualification of M.A. Education as higher qualification with B.Ed. This fact is manifest from advertisement published in 'Daily Nawa-i- Waqat' by Director, Secondary Education, Peshawar whereby applications for the posts of men/women S.E.Ts. Were advertised and the requisite qualification was B.A./BSc. With B.Ed. Or M.A.
Education/M.Ed. Similarly, N.-W.F.P. Public Service Commission advertized 28 Female Senior English Teachers post in 'Daily Frontier Post', dated 24-10-1995. The required qualification for the post of Senior English Teacher was B.A./B.Sc. With B.Ed. Or equivalent or higher qualification, i,e,, M.A.
Education or M.Ed. Likewise N.-W.F.P. Public Service Commission advertised 175 Male Senior English Teacher posts. The required qualification as per said advertisement was B.A./B.Sc. With B.Ed. Or an equivalent or higher qualification, i,e, M.A. Education or M.Ed. Similarly, vide advertisement, dated 4- 7-1997 and 14-7-1998, Director, Secondary Education, N.-W.F.P., Peshawar advertised Senior English Teacher posts for male. The required qualification as advertised by the Education Department was B.A./B.Sc. With B.Ed. Or M.Ed. Or M.A. Education. Notification, dated 26-5-1999 shows that candidates possessing M.A. Education qualification were appointed as S.E. Teachers on the recommendations of Public Service Commission. All this indicates that M.A. In Education is still being considered a higher qualification than B.Ed. In all the abovementioned advertisements it has been equated with M.Ed.
' The Government of N.-W.F.P. As per 1962 Rules had notified M.A. (Education) as higher qualification than B.Ed. These rules were applicable and remained in field for more than 30 years. Thus, all these possessing degrees of M.A. In Education were given preference over those having B.Ed. Decree during this period. Omission to consider M.A./Education as higher qualification than B.Ed. Vide Notification No,SORI (S&GAD) 4-6/78 (Vol.II), dated 21-12-1992 is not justified, more specially when neither substantial changes or improvements have been brought in the course of M.Ed. Nor the period for acquiring such qualification has been increased, nor training programme has been expanded or modified.
' The Finance Department, Government of N.-W.F.P. Vide Notification No,ED-SER-I-204/70, dated 13- 10-1970 while acknowledging M.A. In Education as higher qualification allowed three advance increments to BA/B.Sc. B.Ed. Teachers on acquiring higher education, i,e, M.Ed./M.A. In Education, M.Ed. (Technical), Industrial Arts./M.Ed.(Technical) Business Education. Thereafter, Finance Department vide, Letter No,SO (S) Salary 85/V, dated 4-2-1986 further clarified the position that the teachers possessing/acquiring higher qualifications of M.A. In. Education or M.Ed. Are entitled to advance increments. Similarly, for recruitment of various officers, the Government of N.-W.F.P.
Education Department in consultation with the S&GAD and Finance Department vide Notification No,SO (S) 7-34/91, dated 9-5-1994 declared M.A. In Education at par with M.Ed. The Deputy Director, Secondary Education, N.-W.F.P., Peshawar vide his Letter No,1593/A-258/Adv. Increments: 1996, dated 11-3-1998 (Annexure-E) addressed to the Section Officer Schools while quoting various letters/notifications whereby M.A. In Education was treated at par with M.Ed. Had also recommended that Teachers having M.A. Education qualification were entitled to three advance increments.
' In order to acquire M.A. In Education one has to study and undergo regular training programme for two years after B.A./B.Sc., whereas total training period/programme for B.Ed. Is only one year after B.A. Or B.Sc. After passing B.Ed. One more year is required to do M.Ed., total duration of M.A.
(Education) and M.Ed. Is the same, i,e, two years. The only difference is that M.Ed. Is completed in parts. If a person passes first year, he gets B.Sc. Degree. He may or may not continue for another year but if he/she chooses/opts to study for another year, on successful completion he/she gets degree of M,Ed. But M.A. Education is two years' regular programme. All the topics/subjects taught to M.A. Education Students are almost same similar to that of M.Ed. Students of M.A. Education are also trained in the principles of Philosophy, Methodology, Practice in Education on modern lines and proving efficient teachers in schools. It is not understandable as to how preference has been given by the Education Department to B.Ed. Qualified person over an M.A. (Education) degree holder for appointment as S.E.T. Teachers specially when M.A. In Education is equivalent to M.Ed. As discussed above, B.Ed. Qualification is a lesser qualification than M.A. In Education, thereby, omission to include M.A. Education for the post of Senior English Teacher is not reasonable and justified.
' For the foregoing reasons we accept W.P. No,76 of 1999 and declare that M.A. Education is equivalent to M.Ed. And the petitioners who are holders of M.A. Education are entitled to apply, contest/compete in the ensuing test and interview for the post of Senior English Teachers. The respondents are directed to allow the petitioner to enter into the process of selection and appointments for the posts of Senior English Teachers on the basis of merits.