LEGAL

Supreme Court Upholds 40% NTS Requirement, Strikes Down PHC Order on PST Recruitment

Pakistan’s Supreme Court rules that 40% marks in the NTS test are mandatory for PST teacher eligibility, nullifying the Peshawar High Court’s order to include candidates who failed the test.
2026-03-14
Supreme Court Upholds 40% NTS Requirement, Strikes Down PHC Order on PST Recruitment

Pakistan’s Supreme Court of Pakistan has declared that scoring at least 40% marks in the NTS test is a mandatory requirement for eligibility in the recruitment of Primary School Teacher (PST) positions. The apex court also invalidated a previous order by the Peshawar High Court that sought to include candidates who failed the NTS test in the merit list.

Justice Shakeel Ahmed, delivering the written judgment, dismissed petitions filed on behalf of candidates who did not meet the minimum requirement. The court clarified that individuals who fail the NTS test do not have the legal right to challenge the recruitment policy and cannot contest eligibility criteria after entering the recruitment process.

Key Points from the Judgment

  • The 2017 policy of the Education Department is fully legal, and courts cannot interfere in policy making.
  • The PHC’s claim that instructions from the Provincial Education Minister were not legally binding was incorrect. The minister holds the authority to set recruitment criteria under the Rules of Business.
  • Subordinate courts had relied on the repealed 2014 policy rather than the current 2017 policy.
  • Courts do not have jurisdiction to alter merit lists or include candidates who failed the test.

The petitions had sought to include candidates scoring below 40% in the NTS test, but the Supreme Court emphasized that failed candidates cannot maintain legal action under the claim of right.

This ruling reinforces the legal authority of the Education Department and the Provincial Minister in setting recruitment criteria and underscores the binding nature of the 2017 policy for teacher appointments in Khyber Pakhtunkhwa.