Lahore High Court, Judicial Department has issued the order sheet of Case No. W.P No. 210545/2018 on 01 October, 2019 in connection with Court Order of Master of Business Administration (MBA) degree is equivalent to MS/M.Phil.
The petitioner was appointed on 21.5.2015 as a data entry operator in sessions Court Pasrur, Sialkot. It is admitted that he passed the Masters of Business Administration (3.5 Years Program) and Claims his degree to be equivalent to M.Phil.
The equivalence certificate has also been attached with petition which dated 4.9.2015 and which has not been disputed by respondents.The petitioners had completed his degree on 13.10.2014 and on 01.09.2016 the petitioners filed a representation before the District & Session Judge, Sialkot for the grant of qualification allowance by relying on the notification issued by the Govt. of the Punjab Finance Department dated 01.10.2013.
The request of the petitioners has been dismissed on 13.6.2017 primarily on the ground that there was no provision in the said notification that the government servants having a degree of Masters of Business Administration (3.5 Years Program) to be equivalent to MS /M.Phil. degree. On this it was held that the petitioner was not entitled.
During the course of the arguments today, the learned counsel for the petitioner has produced instructions issued on 22-8-2019 by the Govt. of the Punjab Finance Department which deals inter alia with the issue raised by the petitioner in the instant petition. In this regard, in supersession of all previous notifications issued from time to time the Governor of the Punjab has decided amongst others as following:
In case of claim of equivalence of a degree, PhD / Mphil / LLM Degree Allowance will allowed only if the equivalence Certificate has been / is issued bu the Higher Education Commission upon the request of the concerned administrative department.
Thus, even if the petitioner was not entitled to the allowance under the previous notification, that anomaly has been resolved by the issuance of instructions by the Finance Department and which clarifies the issue to a considerable degree, By clause”vii” reproduced above Mphil allowance will be allowed if an equivalence certificate has been issued by the HEC with regard to the equivalence and which is to the following effect:-
With reference to your application dated August 27, 2015 on the subject. It is informed that Virtual University of Pakistan is chartered university in public sector. the Higher Education Commission recognizes 3.5 Year Master of Business Administration degree held by you from Virtual University of Pakistan after B.Com/14 Years schooling as equivalence to corresponding Master of Business Administration / MS /MPhil degree in the relevant field involving 18 year of schooling.
It will thus not necessary to dilate upon and determine the effect of earlier notification dated 01.10.2013 and to construe whether the allowances or not. Since the matter is covered by the Instructions issued on 22.8.2019 they shall apply in the case of the grant MPhil allowance at the rate of mentioned in the Instructions issued by the Govt. of the Punjab. During the course of arguments today, the learned counsel of the petitioners has produced instructions issued by the Government on 22-08-2019.