MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

CONSTITUTION PETITION NO. 1 OF 2008
AND CMA NO. 994 TO 996 OF 2008 77
were disenfranchised, which is against the spirit of democracy. These
figures are based on the record of the Higher Education Commission,
while according to the NADRA data, the percentage is even lesser,
according to which the number of graduate citizens is only 1.6% of
the total population and 4.1% of the registered voters. The literacy
rate in the country is just 35 %, which also includes the persons who
can read, write or just sign. The acquiring of education is dependent
upon the physical conditions and the milieu in which a person may
find himself. There is a sharp difference between rural and urban
literacy rate. The urban population has always an upper hand in the
sphere of education. In this behalf, reference was made to Article 37
of the Constitution under which the State was required to promote
with special care the educational and economic interests of backward
classes or areas, remove illiteracy and provide free and compulsory
secondary education within minimum possible period. According to
the learned counsel, the State has not fulfilled its obligation of
imparting education to all its citizens. The minimum age of a voter
has been fixed at 18 years. There is no criterion in terms of education
for a voter. Thus, the person who has a right to vote has no right to
contest election. A vast majority of the population has been rendered
ineligible to contest election through an unjust and unconstitutional
requirement of educational qualification. In the circumstances, the
impugned educational qualification is neither a reasonable restriction
nor a reasonable classification within the contemplation of Articles 17
and 25 of the Constitution and the same is declared to be void.