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| August 9, 2005 | Tuesday | Rajab 3, 1426 |
PHC declares sanad equivalent to SSC
PESHAWAR, Aug 8: The Peshawar High Court on Tuesday declared a sanad of seminaries equivalent to the secondary school certificate and allowed two candidates to contest for the posts of nazim of their respective union councils.
A two-member bench, comprising Justice Qaim Jan Khan and Justice Saleem Khan, accepted a writ petition filed by candidates Abdul Ghaffar and Amir Mohammad for the post of nazim of union council Gawaldai and Kalkot (Upper Dir) respectively.
The bench set aside the orders of the returning officers and district returning officer concerned whereby their nomination papers were rejected and they were debarred from contesting polls on the ground that their sanad, Shahadatul Sanvia Ama, was not equivalent to matriculation or secondary school certificate, qualification required for the candidates contesting for posts of nazim and naib nazim.
Advocate Nek Nawaz Khan appeared for the petitioners and argued that the returning officers and district returning officer had acted in an arbitrary manner.
He contended that the said sanad was issued to the petitioners by the Ittehadul Madaris Arabia, a board of seminaries based in Mardan district and recognized by the government.
He argued that the said board was recognized by the government and thousands of students had so far been issued the sanad.
Mr Khan argued that the course was stretched over a period of 10 years and thus it was declared equivalent to matric by the government.
He referred to a judgment of the Peshawar High Court delivered on Aug 2, 2001, during the previous local government polls and contended that in that judgment the court had clearly pronounced that the sanad was equivalent to matric.
“In section 152(1)(e) of the Local Government Ordinance, 2001, the education qualification of matriculation or secondary school certificate or equivalent from a recognized institution is mentioned and as Ittehadul Madaris Arabia is a recognized institution, therefore, the degree should be recognised,” Mr Khan argued.
Meanwhile, the same bench granted interim relief to candidates in a panel of nazims and naib-nazims having a seminary’s sanad and allowed them to contest the polls.
The bench admitted the writ petition filed by Khalid Lateef and Ahmad Khan, candidates for posts of nazim and naib-nazim in the union council Gandi Khan (Lakki Marwat).
Their nomination papers were rejected by the returning officer on the ground of possessing a madrassa sanad.
Advocate Qazi Mohammad Anwer appeared for the petitioners and contended that the earlier judgment of the high court was clear on the issue. He added that the said sanad was issued by a recognized institution and thus it could not be declared invalid.
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