IN THE SUPREME COURT OF PAKISTAN 
              (APPELLATE JURISDICTION) 
 
PRESENT: 
MR. JUSTICE EJAZ AFZAL KHAN 
MR. JUSTICE SARDAR TARIQ MASOOD  
MR. JUSTICE FAISAL ARAB  
 
CIVIL APPEALS NO. 843 TO 863 AND 969 TO 970 OF 2012 AND 
CIVIL APPEALS NO. 263-L TO 265-L OF 2013 AND 984, 127-P AND 
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 
2014 AND CIVIL PETITIONS NO. 1353-L OF 2012 AND 3474 OF 
2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
(On appeal against the judgments dated 23.04.2012, 2.4.2014, 
29.5.2012, 12.06.2012, 15.5.2012,  25.4.2013, 30.05.2013, 11.9.2013, 
16.9.2013, 27.6.2013, 14.5.2014, 10.6.2014, 15.5.2014, 3.6.2014 and 
23.9.2015 of the Lahore High Court, Lahore, Lahore High Court, 
Rawalpindi Bench, Peshawar High Court, Peshawar and High Court 
of Balochistan Quetta  in W. P. Nos. 3002, 3519/ 2010, 256/11, 
ICA.87/10, WP. 4208/10, 5468/10, ICAs. 232/11, 258/10, WPs. 1229/09,  
23067/09, 2130/10, 15724/10, 3751/10, 3752/10, 21755/10, 23465/10, 
ICAs. 87/2010, 248/10, 249/10, 257/10, WPs. 9878/10, 15813/10, 
15918/10, 16844/10, 15638/11, ICAs. 233/11, 234/11, WPs. 4146/10, 
3173-P/12, 3172-P/12, 3174-P/12, 3239-P/12, 3240-P/12, 1297-P/12, 
3032-P/12, 3283-P/13, 3321-P/12, 3362-P/12, 3378-P/12, 122-P/13, 
1279-P/12, 1499-P/12, 1349-P/14, 1746-P/14, 207-M-P/14, 1393/14 and 
CP. 811/2015).                     
 
DCO/Chairman District Recruitment Committee, 
Khanewal and others.  
 
EDO (Education), Lodhran/Member Recruitment Committee, 
Lodhran and others.  
 
DCO/Chairman District Recruitment Committee, Sahiwal and others. 
 
DCO/Chairman District Recruitment Committee, Sahiwal and others. 
 
DCO/Chairman District Recruitment Committee, 
Faisalabad and others. 
 
DCO/Chairman District Recruitment Committee, 
Hafiz Abad and others. 
 
DCO/Chairman District Recruitment Committee, Hafizabad and others. 
 
DCO/Chairman District Recruitment Committee, Bahakkar and others. 
 
Secretary Govt. of the Punjab Education Deptt., Lahore, etc.  
 
DCO/Chairman District Recruitment Committee,  
Nankana Sahib and others. 
 
Province of the Punjab through Secretary (Schools) and others. 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
2 
 
Govt. of the Punjab thr. Secy. Education, Lahore and others.  
 
EDO (Education) Member Executive Committee, Lodhran and others. 
 
EDO (Education) Member Executive Committee, Lodhran and others. 
 
EDO (Education), Multan and others. 
 
EDO (Education), Multan and others. 
 
DCO Jhang and others.  
 
Govt. of Punjab thr. Secy Education, Lahore and others.  
 
Executive District Officer (Education) Khanewal and others. 
 
DCO/Chairman District Recruitment Committee, Bhakkar and others. 
 
DCO/Chairman District Recruitment Committee, Bhakkar and others. 
 
DCO/Chairman District Recruitment Committee, Bhakkar and others. 
 
EDO (Education) Chakwal/Member Recruitment Committee, etc. 
 
EDO (Education) Chakwal/Member Recruitment Committee, etc. 
 
The Secy. Govt. of Punjab Education Department, Punjab, Lahore, etc.  
 
District Co-ordination Officer Bahawalnagar and another.  
 
District Co-ordination Officer Bahawalnagar and another. 
 
District Co-ordination Officer Bahawalnagar and another. 
 
District Co-ordination Officer Bahawalnagar and another. 
 
Secy. School Education Department, Govt. of Punjab Lahore, etc.  
 
District Education Officer (Male) Charsadda and others. 
 
District Education Officer (Male) Peshawar and others. 
 
District Education Officer (Male) Peshawar and others. 
 
District Education Officer (Male) Peshawar and others. 
 
District Education Officer (Male) Peshawar and others. 
 
Provincial Govt. thr. Secy (E&S) Education, Peshawar, etc.  
 
Director Education FATA, Peshawar and others.  
 
Director Education FATA, Peshawar and others. 
 
Director Education FATA, Peshawar and others. 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
3 
 
Additional Chief Secretary FATA, Peshawar and others. 
 
Additional Chief Secretary FATA, Peshawar and others. 
 
Secretary to Govt. of KPK (E&S) Education Peshawar and others. 
 
Govt. of KPK thr. Chief Secretary, Peshawar and others. 
 
District Education Officer, Peshawar and others.  
 
District Education Officer, Peshawar and others. 
 
District Education Officer, (Male) Dir Lower and others. 
 
Govt. of KPK thr. Chief Secretary, Peshawar and others.  
 
Muhammad Siddique and others.  
 
 
 
 
 
 
 
 
…Appellant(s)/Petitioner 
 
V E R S U S 
 
Kishwar Sultana and others. 
 
Mst. Imtiaz Khadim and others.  
 
Nasim Akhtar and others.  
 
Muhammad Ejaz Kamran and another.  
 
Mst. Shazia Ambreen and others.  
 
Nazra Batool and others. 
 
Nazra Batool and others. 
 
Samina Bibi and others. 
 
Muhammad Asghar and others.  
 
Mst. Azra Bano and others.  
 
Asif Ali and others.  
 
Saira Younas and others. 
 
Mst. Sanobar Tabassum and others.  
 
Sheikh Irfan Ahmad and others.  
 
Nasir Abbas and others.  
 
Muhammad Imran Hussain and others.  
 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
4 
Nasim Akhter. 
 
Ayisha Mumtaz and others.  
 
Mst. Zubaida Nazli and others.  
 
Abdul Ghaffar Noon and others.  
 
Saeeda Malik and others.  
 
Mehboob Alam Khan and others.  
 
Sajid Mumtaz and others.  
Altaf Hussain and others.  
 
Mst. Yasmeen Tahira and others.  
 
Adeela Afzal. 
 
Adeela Afzal.  
 
Atta-ul-Ghafoor, etc.  
 
Talib Hussain, etc.  
 
Samina Sikandar and another.  
 
Muslah ud Din and others.  
 
Raees Khan. 
 
Abid Hussain and another.  
 
Inayatullah. 
 
Saeedullah. 
 
Contre Research of Education thr. Zafar Iqbal. 
 
Shabana and others.  
 
Mst. Naheeda Nizam. 
 
Shakirullah and others.  
 
Tariq Aziz and others.  
 
Rifaqat Khan and others.  
 
Mst. Shakeela Naz and others.  
 
Mst. Neelam Waris. 
 
Syed Ibne Abbas. 
 
Iftikhar Ali and others.  
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
5 
Latif ur Rehman and others. 
 
Zia-ur-Rahman and others.  
 
Mst. Mehreen Hayat. 
 
The Secretary, Govt. of Balochistan, Education Department,  
Quetta and others.   
 
 
 
 
 
 
 
 
 
…Respondent(s) 
 
For the Appellant(s): 
Mr. Mudassar Khalid Abbasi, AAG, Pb. 
 
 
 
 
 
Mr. Waqar Ahmed Khan, Addl. A. G. KPK. 
 
Majeedullah, Legal Representative DE(E&SE) 
Peshawar. 
 
Fazl-e-Khaliq, Legal Representative DEO (Male) 
Sawabi. 
 
For the respondents : 
Mr. Ijaz Anwar, ASC. 
 
 
 
 
(in CAs. 145-P to 147-P/14 and 128-P/14). 
 
 
 
 
 
Molvi Ejaz-ul-Haq, ASC. 
(in CAs.843, 844, 850, 854, 969, 856 and 
859/2012) 
 
Syed Wasat-ul-Hassan Shah, ASC 
(in CA. 843/12) 
 
Mr. Abdul Rehman Siddiqui, ASC 
(in CMAs.1490 and 6497/14) 
 
Mr. M. Siddique Khan Baloch, ASC 
(in CMAs. 2366-2367/16) 
 
 
 
 
 
Rehmanullah, In person. 
 
 
 
 
Farooq Ahmed, In person. 
 
 
 
 
Musharaf Shah, In person. 
 
 
 
 
M. Ishaq, In person. 
 
 
 
 
M. Zia-ul-Haq, In person. 
 
 
 
 
(in CA. 145-P/2014). 
 
On Court’s Notice: 
 
 
 
 
 
Mr. Sohail Ahmed, DAG. 
 
Date of Hearing:  
08.04.2016 (Judgment Reserved) 
 
 
****************************
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
6 
J U D G M E N T 
  
 
 
 
EJAZ AFZAL KHAN, J.- These appeals with the leave of 
the Court have arisen out of the judgments dated 23.04.2012, 
29.5.2012, 12.06.2012, 15.5.2012,  25.4.2013, 30.05.2013, 11.9.2013, 
16.9.2013, 27.6.2013, 14.5.2014, 10.6.2014, 15.5.2014, 3.6.2014 and 
02.04.2014 of the Lahore High Court, Lahore, Lahore High Court, 
Rawalpindi Bench, Rawalpindi and Peshawar High Court, Peshawar 
whereby they dismissed the Intra Court Appeals and Writ Petitions 
filed by the appellants. Civil Petition No. 3774 of 2015 has arisen out 
of the judgment dated 23.09.2015 of the High Court of Balochistan, 
Quetta whereby the petition filed by the petitioner was dismissed in 
limine.  
2. 
 
As the points urged in these appeals as well as petitions 
are identical, we dispose them of by this single judgment. 
3. 
 
The learned AAG, Punjab appearing on behalf of the 
appellants 
contended 
that 
Skill 
Development Council 
was 
established under the National Training Ordinance, 1980 and the 
rules made thereunder, for providing technical and vocational 
training and not for awarding any certificate or diploma in the fields                           
of art, craft, education or physical education; and that the Skill 
Development Council overstepped its limits by offering courses in 
the fields mentioned above and issuing certificates or diplomas 
therein. He next contended that since the certificates or diplomas 
issued by the Skill Development Council do not conform to the 
course, curriculum or training required for art, craft, education or 
physical education, any appointment made on the basis of such 
certificate or diploma being against the provisions of the Ordinance 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
7 
and rules made thereunder is liable to be annulled. Even the 
National Training Board, the learned AAG maintained, constituted 
under the Ordinance cannot issue any directive to protect any such 
diploma or certificate when its role in the whole affair is 
recommendatory. The learned AAG to support his contention also 
placed reliance on the letter No: SO(SE-IV)4-461/09 dated 
16.08.2010 issued by the Secretary Schools Education Department, 
Govt. of Punjab.          
4. 
 
The learned Additional A.G. KPK endorsed the 
arguments of learned AAG, Punjab.  
5. 
 
Learned ASC appearing on behalf of respondents 
contended that where respondents have qualified diplomas or 
certificates under the aegis of Skill Development Council in the fields 
of art, craft, education or physical education, their appointments 
were rightly made on the basis of such diplomas and certificates in 
various departments of Government, therefore, no exception could 
be taken to their appointments at this stage. Such appointments, 
the learned ASC contended, cannot be undone even under the 
doctrine of locus poententia, when not only decisive steps have 
been taken, but valuable rights have also accrued to the 
respondents. Learned ASC went on to argue that many 
respondents whose appointments have been made on the basis of 
diplomas or certificates issued by the Skill Development Council, 
also possessed requisite qualifications at the time of their 
appointments and many acquired it after their appointments, 
therefore, their appointments cannot be undone, even if it is 
assumed that the diplomas or certificates issued by the Council 
have no statutory sanction.  
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
8 
6. 
 
We have gone through the record carefully and 
considered the submissions of learned AAG Punjab, learned Addl. 
AG, KPK as well as learned ASCs for the respondents. 
7. 
 
What 
is 
National 
Training 
Board? 
What 
is 
Skill 
Development Council? What is vocational training? Answer to these 
questions and allied thereto are fully answered by Section 2 of the 
Ordinance which reads as under:- 
”Definitions. – In this Ordinance, unless there is anything 
repugnant in the subject or context. – 
a) 
“establishment” 
means 
any 
office, 
firm, 
industrial unit, undertaking, shop or premises in 
which workmen are employed for the purpose 
of carrying on any industry;  
b) 
“industry” 
means 
any 
business, 
trade, 
manufacture, calling, service, employment or 
occupation;  
c) 
“institution” 
means 
a 
school, 
college or 
institute, by whatever name called, imparting 
vocational training;  
d) 
“National Board” means the National Training 
Board constituted under section 3 ; 
da) 
“National Trade Testing Board” means National 
Trade 
Testing 
Board 
constituted 
by 
the 
National Training Board under sub-section (2) 
of section 4 ; 
e) 
“prescribed” means prescribed by regulations 
made under this Ordinance;  
f) 
“Provincial Board” means a Provincial Training 
Boards constituted under sub-section (2) of 
section 5; 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
9 
fa) 
“Provincial 
Trade 
Testing 
Board” 
means 
provincial Trade Testing Board constituted by 
the Provincial Training Board; 
fb) 
“Skill 
Develop 
Council” 
means 
the 
Skill 
Development Council, constituted by the 
National Training Board under sub-section (2) 
of section 4; 
fc) 
“Technical Education and Vocational Training 
Authority” means the Technical Education and 
Vocational Training Authority constituted by 
the Provincial Government; 
g) 
“Vocational training” means training in any 
physical and professional skill, trade, calling or 
occupation”.  
 
8. 
 
What are the functions of National Training Board are 
enumerated in Section 4 of the Ordinance which reads as under :- 
“4. 
Functions of the National Board.—(1) The National 
Board shall -- 
i) 
collaborate with the source of labour market 
information as determined from a survey of 
establishments with a view to assessing on a 
continuing basis existing and future training 
needs, both local and foreign;  
ii) 
systematically 
study 
existing 
training 
programmes with respect to their relevance, 
duration and size and recommend such 
measures to be taken as seem desirable to 
improve the quality of training;  
 
iii) 
establish 
criteria 
for 
evaluating 
and 
determining training programmes and facilities;  
 
iv) 
develop training syllable and establish and 
specify national training standards and trade 
testing rules to ensure horizontal and vertical 
mobility;  
 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
10 
v) 
supervise 
such 
training 
programmes 
are 
funded from the Federal budget; 
 
vi) 
prepare national training plan, programs and 
projects in view of local as well as foreign 
requirements 
and 
monitor 
their 
implementation;  
 
vii) 
recommend 
to 
the 
Federal 
Government 
means for financing training programmes; 
 
viii) 
promote and finance training of establishment 
based or institution-based training officials and 
instructor’s; 
 
ix) 
organize and conduct seminars and work-
shops for various types of personnel associated 
with training activities’; 
 
x) 
collect and compile statistics related to 
training; 
 
xi) 
co-ordinate the working of Provincial Boards 
and Technical Education and Vocational 
Training Authority; 
 
xii) 
review existing and propose legislation on 
vocational training and recommend necessary 
legislative provisions with the concurrence of 
the Provincial Boards and Technical Education 
and Vocational Training Authority; 
 
xiii) 
issue to establishments, Provincial Boards, 
Technical Education and Vocational Training 
Authority 
or 
institutions 
for 
compliance 
directives 
within 
the 
framework 
of 
the 
approved plans and projects; 
 
xiiia) 
assist and establish institutions in collaboration 
with private sector to promote technical, 
vocational and in-plant training and skill 
development; 
 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
11 
xiiib) 
undertake registration and licensing of all 
establishment, 
organizations 
or 
institutions 
which are offering or providing vocational 
training; 
 
xiiic) 
develop system and conduct trade testing 
and certification of skilled workers who have 
received vocational training through any 
source or acquired skills through experience or 
informal system;  
 
xiv) 
do all other acts necessary for carrying out the 
purposes of this Ordinance; 
 
(2) 
 
The 
National 
Board 
may 
set 
up 
such 
administrative and technical committees, skill development 
councils, authorities, trade testing boards or other such 
bodies for the efficient performance of its functions, and 
entrust to such committees, skill development councils, 
authorities, trade testing boards or other such bodies such 
functions as it may consider necessary.” 
 
9. 
 
Functions of Skill Development Council have been 
dealt with by Rule 6 of the Rules of Business of Skill Development 
Council, 2013 which reads as under :-  
 
“6. 
Functions of the Council: The Council will perform 
following functions : 
 
a) 
Provide a productive link between employers, 
employees, training providers and trainees; 
 
b) 
identity training needs of the geographical 
area, analyze and orientalize training needs 
and arrange training, retraining as well as skill 
up-gradation 
through 
contracted 
arrangement with public and private training 
institutes/establishments and in-plant training 
mode.  
 
c) 
Develop National Vocational Qualifications for 
prescribed levels from pre to post education of 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
12 
technical/professional skills and knowledge 
based on employment and industry/market 
need analysis and submits for approval of NTB. 
 
d) 
Assure quality training for youth and already 
employed 
persons 
by 
preparing 
courses, 
setting 
standards, 
developing 
Quality 
Management System and final trade testing 
and 
certification, 
Trade 
Testing 
and 
certification up to six months duration will be 
carried out by SDC with the concurrence of 
National Training Board and the courses more 
than six months duration will be conducted by 
the NTB/PTB.  
 
e) 
Develop the 
potential 
of 
work-force by 
increasing their standard of skill and basic 
education so as to increase productivity, 
quality of product and to meet the needs of 
both domestic and international market.  
 
f) 
Motivate employers to operate as investor in 
human 
capital, 
so 
as 
to 
encourage 
organizations to invest in people through 
participation in skill development programmes 
besides 
arranging 
skill 
competitions 
for 
enhancing 
the 
popularity 
of 
vocational 
training in all areas and improving proficiency 
of skilled workers as well as promote self 
employment by providing loan to winners.  
 
g) 
Support informal sector i.e. Ustad-Shagird 
system through provision of training for skill 
enhancement and trade testing. Provide skill 
training and structured education to working 
children at small garages and workshops to 
protect child Labour and bring them into main 
stream of vocational education and training. 
 
h) 
Develop 
and 
implement 
special 
training 
programme for women, children of industrial 
workers and under privileged youth to prepare 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
13 
them for gainful employment or to engage in 
some income generating activities to raise their 
standard of living and social up lifting through 
self employment. 
 
i) 
Develop and arrange specialized training 
programme in information Technology for un-
employed 
educated 
youth 
(Matriculate-
Graduate) 
to 
provide 
them 
maximum 
employment opportunities locally and abroad.  
 
j) 
Introduction 
and 
promotion 
of 
distance 
learning, computer based training and new 
training 
technologies 
including 
video 
conferencing through support and affiliation 
with 
international 
institutions/Universities 
involving local institutions. 
 
k) 
Customized 
training 
programme 
for 
the 
rehabilitation of expatriates and employers 
being declared surplus due to privatization as 
well 
as 
downsizing 
programmes 
of 
the 
Government.  
 
l) 
Any other programme and activity to promote 
technical vocational education and training in 
the country with the approval of NTB.”  
 
10. 
 
How the Council shall conduct its business or what is 
procedure therefor has been chartered out in Rule 7 of the above 
mentioned rules which reads as under :-  
“7. 
Procedure to Conduct Business :   
 
a) 
The SDCs shall set its targets regarding number 
of trainees to be trained in various Vocational 
Qualifications 
from 
proficiency 
and 
competency based certificate and diploma 
level for better employment opportunities to 
the trainess.  
 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
14 
b) 
The SDCs shall identify the training need 
through 
surveys, 
direct 
interaction 
with 
employer 
associations/individual 
employers 
and 
keeping 
in 
view 
the 
local 
and 
international market trend.  
 
c) 
The SDCs shall design and Develop the training 
programmes through technical committees 
comprised of representatives from business 
organizations and training providers and will 
arrange the training of educated youth and 
already employed at various public and 
private training institutes including industry 
individually or with group of institutes on 
contractual basis.  
 
d) 
The Selection of the Institute/Training Providers 
will be made keeping in view the facilities 
available at the institute)s) and the contents of 
the course.  
 
e) 
The Council will recommend registration of 
public and private institutes including industry 
based training institutes to NTB/PTB as covered 
under National Training Ordinance 2002. 
 
f) 
Training programme will be announced in the 
newspapers and selection of trainees will be 
made by the SDCs on merit with the help of 
participating institutes. 
 
g) 
The SDC shall also register and impart training 
to school leavers Matric dropouts, educated 
and uneducated unemployed, child trainee 
and other workers in the formal and informal 
sectors for the purpose of imparting training 
and skill up grading in all programmes 
sponsored by the Government or any other 
donor agency or body.  
 
h) 
The SDC will charge at an average 10% service 
charges from the training institutes for each 
training programme to cover the cost of 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
15 
advertisement, 
brochure, 
registration 
and 
certification 
and 
other 
expenses 
of 
the 
Council. The rate of service charges may be 
reduced or increased keeping in view the 
nature 
and 
potential 
of 
the 
training 
programme. However, the fee structure should 
be on cost recovery basis.  
 
i) 
The Council will develop a mechanism to 
provide financial assistance in shape of 
repayable loan, free sponsorship to the 
deserving trainees/government servants and 
their employees but number of such cases 
would depend on the availability of funds.  
 
j) 
The Council may issue to the trainee a trainee 
card which may be used as the basis for 
reimbursing the training cost to the training 
institution or employer where training is to be 
imparted. A system of training credit for 
crediting training cost to the training provider 
may be established.  
 
k) 
The Council will draw its own action plan for 
attaining the objectives and making the 
Council to operate on a self financing basis 
with the approval of NTB. 
 
l) 
All SDCs will forward the following to NTB. 
a) 
Annual Training Plan by 1st Week 
of December every year. 
 
b) 
Six month progress report and 
expenditure statement. 
 
c) 
Yearly progress report.  
 
m) 
The Chairman shall appoint a Director SDC, 
subject to approval of the Council, who will be 
responsible 
for 
administering 
and 
implementing the decisions of the Council and 
who will be fully accountable to the Council 
for all his actions. The Director will also act as 
Secretary of the Council.  
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
16 
 
n) 
For smooth and efficient administration and 
implementation of the affairs of the Council, 
the 
Chairman 
will 
contract 
tasks 
and 
assignments.  
 
o) 
The Council will constitute various committees 
for the smooth functioning of the work. 
 
p) 
The Chairman will be the ex-officio Chairman 
of all committees formed by the Council. 
 
q) 
The Director will be the ex-officio Secretary of 
all committees constituted by the Council. 
 
r) 
The SDC may delegate any or all of its power 
to 
the 
Chairman, 
or 
any 
member 
or 
committee(s) appointed by it subject to such 
conditions as it may deem fit. 
 
s) 
The Chairman shall use the powers of the 
council in its absence or whenever the council 
is not in session subject to confirmation of all 
the decisions taken in exercise of the powers 
under this provision, of the Council in its next 
meeting.”  
 
11. 
 
Letter dated 16.08.2010 of the Secretary Schools 
Education Department, Govt. of Punjab is also relevant which reads 
as under :-  
“Govt. of the Pakistan, Ministry of Labour and 
Manpower National Training Bureau, Islamabad vide 
No.1(57)NTB-TT&C/2009/66 dated 2.6.2010 has replied 
that 
‘Skill 
Development 
Councils 
(SDCs) 
were 
established and their Rules of Business were framed 
by the Ministry vide No.3/2/2001-TT-II dated 17.7.2002. 
These Rules of Business authorize SDCs to conduct 
courses and issue certificate for only 06 months 
duration with the concurrence of National Training 
Board. Diplomas of Art and Craft, Oriental Teacher 
and Physical Education are not including in the list 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
17 
provided by the Govt. of Pakistan, Ministry of Labour 
and Manpower, National Training Bureau, Islamabad 
(list attached). Therefore, awarding of such diplomas 
by SDCs is complete violation of Rules of Business of 
SDCs.”  
 
12. 
 
A careful reading of the above quoted provisions of 
the Ordinance and the Rules would reveal that domain of the 
National Training Board and Skill Development Council is clearly 
demarcated by the provisions of the Ordinance and Rules made 
thereunder. The purpose behind the establishment of Board is to 
provide technical education and vocational training in any 
physical and professional skill, trade, calling or occupation. The 
Board does not do all this in a vacuum. It makes a survey and 
systematic study of the market to assess the existing and future 
training needs, both at local and foreign level and establishes 
criteria for evaluating and determining training programmes and 
facilities. After doing so, it develops syllabi, establishes and specifies 
national training standards and trade testing rules to ensure 
horizontal and vertical mobility, develops system and conducts 
trade testing and certification of skilled workers who have received 
vocational training through any source or acquired skills through 
experience and informal system, as is provided in Section 4 of the 
Ordinance. The Skill Development Council as the very name 
suggests focuses on labour, market, information and launches 
technical education and vocational training in any physical and 
professional skill, trade, calling or occupation so that the people 
who cannot acquire higher or specialized education may get 
opportunities of employment, according to the needs and 
requirements of the market. Art, craft, education and physical 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
18 
education are well beyond the domain of the Council and 
capacity of its faculty. It thus could not launch programmes in any 
of these fields. The Board and the Council travelled beyond what 
they were established for by launching programmes falling 
exclusively in the domain of art, craft, education or physical 
education. The letter reproduced above also clearly demarcated 
the domain of the Board and the Council. In spite of that the 
Council issued certificates and diplomas in such fields, even in 
respect of the courses of one year duration. Another amazing and 
intriguing fact is that appointments have been made on the basis of 
such diplomas and certificates in the educational institutions 
without caring to know that the Council does not have the power 
and competence to launch such programmes, courses and 
curriculums and issue certificates and diplomas in this behalf. The 
education being a specialized field having many dimensions in 
today’s context could not thus be left to the faculty which did not 
have specialized qualification and training therefor. Persons on the 
peak of Education Department went into deep slumber. Even if a 
few of them were awake, they watched the sight and spectacle 
with hands folded and legs crossed. By the time they realized and 
raised hue and cry, the water had gone above their heads. Yes, it is 
never too late to mend but what to do! Retain them, is the answer 
of the protagonists of status quo. Don’t worsen the bad if correction 
is possible, is the answer given by those who are guided by prudent 
and progressive outlook. We deliberated over the pros and cons of 
the answers thus given. The solution we have come out with is 
simple! Let them continue, if they besides the certificates or 
diplomas, issued by the Council, possess the requisite or equivalent 
CAs. 843 TO 863 AND 969 TO 970 OF 2012 AND 263-L TO 265-L OF 2013 AND 984, 127-P AND  
129-P TO 134-P AND 136-P TO 141-P AND 143-P TO 148-P OF 2014 AND CPs. 1353-L OF 2012  
AND 3474 OF 2015 AND CMAs. NO. 1378 OF 2014 AND 6497 OF 2014.   
 
19 
qualifications. Let those also continue, who improved their 
qualifications even thereafter. Those who could not improve their 
qualification up till now should improve it within a period of one 
year, which would be reckoned from the date of commencement 
of the next available academic session of the respective 
programme. We, therefore, allow the appeals, convert the petitions 
into appeals and allow them in the terms mentioned above.  
 
Judge 
 
Judge 
 
Judge 
 
Announced in open Court at Islamabad on  28.04.2016. 
 
 
 
 
 
 
 
 
Judge 
‘Not approved for reporting’ 
M. Azhar Malik  
