Victory: Supreme Court Ruling on MS/M.Phil Equivalence

The Supreme Court of Azad Jammu and Kashmir (AJK) delivered a landmark judgment in the case of Hammad Ahmed & others vs. Azad Govt. & others, setting a vital precedent for civil servants and professionals across the region. This decision corrects a long-standing administrative oversight regarding the equivalence of MS and M.Phil degrees and ensures that qualified professionals receive their rightful financial allowances.

MS vs. M.Phil

The core of the dispute lay in a 2016 Government Notification that granted a Special Allowance (50% of the Ph.D. Allowance) to M.Phil degree holders. However, a subsequent 2017 circular from the Finance Department restricted this benefit exclusively to those holding the "M.Phil" title, excluding those with an "MS" degree.

The appellants, who held MS degrees from universities recognized by the Higher Education Commission (HEC), argued that their 18-year education was academically identical to an M.Phil. When the High Court initially dismissed their petitions.

The Supreme Court’s Landmark Ruling

The Supreme Court of AJK, through a detailed judgment, addressed several critical legal questions:

1. Academic Equivalence is Binding: The Court noted that the HEC is the sole authority for determining degree equivalence. The HEC had already clarified in May 2017 that there is no substantive difference between MS and M.Phil degrees other than nomenclature.
   
   

2. End to Arbitrary Discrimination: The Court ruled that denying the allowance to MS holders while granting it to M.Phil holders was "arbitrary and devoid of lawful justification". Such a distinction violates Article 4(4)(15) of the AJK Interim Constitution, which guarantees equality before the law.
   
   

3. Financial Entitlement: The Court declared that all MS degree holders are entitled to the Special Allowance, effective from May 23, 2017 (the date of the HEC clarification).
   

Please find the full judgment below:

What This Means for You

If you are a government employee or a professional in Azad Jammu & Kashmir holding an MS degree, you may now be eligible for back-dated financial allowances previously denied by administrative departments. This ruling ensures that your 18 years of hard-earned education are treated with the respect and parity they deserve.

How BAK Chambers Can Help

Navigating administrative law and securing your constitutional rights requires specialised expertise.

• Specialised Expertise: Our team of Barristers and Senior Supreme Court Advocates provides high-calibre representation across Muzaffarabad and Lahore.
  
  

• Without Borders: We offer specialist legal services for clients within Pakistan, AJK, and globally, ensuring your rights are protected regardless of where you are located.

Protect your rights and resolve your legal matters today. If you believe you are being unfairly denied professional allowances or are facing administrative hurdles, our team is ready to assist.

Contact Us for a Consultation

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