Constitutional Petitions and Service Matters

In Ahmad Ullah and others vs. District Education Officer (Male), Buner, and others (2024 SCP 306), the Supreme Court of Pakistan addressed the maintainability of constitutional petitions filed by civil servants challenging their ineligibility for promotion under the Khyber Pakhtunkhwa Employees of the Elementary and Secondary Education (Appointment & Regularization of Services) Act, 2017. The Court considered whether the petitioners, who had invoked the extraordinary jurisdiction of the High Court under Article 199 of the Constitution, had bypassed the exclusive jurisdiction of the Service Tribunal as provided under Article 212 of the Constitution.

Background:

The petitioners were Certified Teachers (CT) in BPS-15, regularized in 2018 under the Act of 2017. They challenged their exclusion from the Departmental Promotion Committee (DPC) proceedings for Senior Certified Teachers (SCT) positions in BPS-16, claiming that their exclusion violated their rights. They argued that they were entitled to be considered for promotion despite the statutory provisions that placed them junior to those who were already regular employees before 2017.

Key Issues:

Maintainability of Constitutional Petition under Article 199: Whether the constitutional petition challenging the promotion decision was maintainable in the presence of the exclusive jurisdiction of the Service Tribunal under Article 212 of the Constitution.

Jurisdiction of the Service Tribunal in Service Matters: Whether the Service Tribunal had the exclusive jurisdiction to entertain grievances related to terms and conditions of service, including eligibility for promotion, as per the Service Tribunals Act, 1974.

Effect of Fundamental Rights Claims: Whether invoking fundamental rights under the Constitution could override the bar on jurisdiction imposed by Article 212 and allow the High Court to entertain the petition.

Court's Analysis:

Constitutional Bar under Article 212: The Supreme Court highlighted the clear bar under Article 212, which provides that no other court, including the High Court, shall entertain matters relating to terms and conditions of civil servants once a Tribunal has been established. The Court found that the petitioners, having been regularized as civil servants, fell under the jurisdiction of the Khyber Pakhtunkhwa Service Tribunal, and their grievance regarding eligibility for promotion was within the exclusive jurisdiction of the Tribunal.

Nature of the Petitioners' Claim: The Court held that the petitioners’ claim involved questions of eligibility and seniority, which were governed by service laws, and therefore, the Service Tribunal was the proper forum for adjudicating such matters. The Court distinguished between eligibility for promotion (a matter of law) and fitness for promotion (a subjective evaluation), with the former falling squarely within the Tribunal’s domain.

Fundamental Rights and Jurisdiction: The Court dismissed the argument that fundamental rights claims could override the constitutional bar on jurisdiction. It reiterated that the High Court’s jurisdiction under Article 199 is subject to the Constitution, and Article 212 expressly bars the High Court from adjudicating service matters when a Tribunal has been established.

Court's Conclusion: The Supreme Court refused leave to appeal and dismissed the petition on the grounds of non-maintainability. It ruled that the High Court should not have entertained the constitutional petition, as the matter was within the exclusive jurisdiction of the Service Tribunal under Article 212 of the Constitution. The judgment of the High Court, to the extent it dealt with the merits, was declared per incuriam and would not prejudice any proceedings before the competent forum.

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