SHAMS UDDIN vs GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2026 PLC(CS) 628 FEDERAL-CONSTITUTIONAL-COURT

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SHAMS UDDIN VS GOVERNMENT OF KHYBER PAKHTUNKHWA R.3(2)---Constitution of Pakistan, Art.175F(1)(c)---Recruitment to the post of Qari---Eligibility criteria---Authorities refusing to award marks to petitioner for possessing Shahadat-ul-Aalmiya---Advertisement terms, binding nature of---Scope---Brief facts were that the petitioner applied for the post of 'Qari' (BPS-12) in the Elementary and Secondary Education Department, where the advertised minimum qualification was a Bachelor's degree from a recognized university and a Qiratsanad from a recognized institution, along with mandatory post-selection training; although he held Shahadat-ul-Aalmiya, the recruiting authority did not award marks for that qualification as the advertisement stated such marks would not be counted for cadres other than Arabic Teacher (AT) of Theology Teacher (TT), resulting in a lower merit position and non-selection; petitioner's writ petition seeking award of those marks and declaration against the advertisement condition was dismissed by the High Court, hence, the present petitioner before the Federal Constitutional Court was preferred---Question requiring determination in the present matter was as to whether the petitioner met the required terms, conditions and qualifications contained in the advertisement for the job in question?---Held: From a plain reading of the advertisement, which the petitioner applied under, it was made clear from the very outset that his Sanad (Shahadat-ul-Aalmiya) would not be acceptable for the position for which he had applied and as such, his contention was without merit---With regard to the exclusion of his Sanad (Shahadat-ul-Aalmiya) not being anchored in law, this was also misconceived---It hadspecifically been mentioned in general conditions of the advertisement that marks of Shahadat-ul-Aalmiya were not be given to other cadres except for the post of TT and AT---Petitioner was not qualified for the post which he applied for and the required qualifications were anchored in law---Present petition was without merit---Impugned judgment was upheld and leave to appeal was refused, in circumstances.

SHAMS UDDIN vs GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2026 PLC(CS) 628 FEDERAL-CONSTITUTIONAL-COURT

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