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MUHAMMAD AMJAD vs GOVERNMENT OF PUNJAB through Secretary School Education Deptt — 2023 PLC(CS)N 6 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLC(CS)N 6 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLC
Parties
MUHAMMAD AMJAD vs GOVERNMENT OF PUNJAB through Secretary School Education Deptt
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AMJAD VS GOVERNMENT OF PUNJAB through Secretary School Education Deptt. amendment in Rules---Vires---appellant challenged amendment in Rules, whereby they were excluded from promotion in view of the eligibility criteria which stated that the posts would be allocated to the Science Graduates having the B.Sc. qualification with three certain elective subjects---Contention of appellants was that the department by laying out specific elective subjects had carved out a class of teachers amongst the general cadre entitled to promotion which discriminated the appellants and offended art.25 of the Constitution---High Court observed that tests laid down in [Government of Balochistan and others v. azizullah Memon and others PLD 1993 SC 341] for reasonable classification were not satisfied by the criteria under which a class of teachers were held to be entitled to promotion---Question of having any rational nexus in the absence of any valid objective sought to be achieved for creating the class of science graduate teachers did not arise---Fact that the offending classification was omitted from the Rules in the year 2004 per se validated the claim of the appellants---Such aspect of the matter was not at all adverted to by the Single Judge of High Court while dismissing the constitutional petition---Intra court appeal was allowed, in circumstances.

Other judgments reported in 2023 PLC

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