1. ' Mr. Rizvi has prayed that this Constitutional Petition along with application under section 151, C.P.C.
2. (Miscellaneous No. 5835/2005) be taken up and heard urgently else petitioner will have to suffer irreparable loss and injury. This application is, therefore, allowed and this Constitutional Petition is taken up for hearing along with Miscellaneous No. 5835 of 2005.
3. ' In this Constitutional Petition, following prayers have been made:--
(a) To direct the respondents Nos.1 to 4 to give admission to the petitioner in LL.B. Classes.
(b) That the respondents Nos.1 to 4 be directed to give permission to the petitioner to attend LL.B.
4. Classes till final decision of this Constitutional Petition.
(c) Any other relief which this Hon'ble Court may deem fit and necessary.
5. ' In nutshell, the case of petitioner is that she having passed her B.A. Examination from University of Karachi in third division applied for admission by submitting admission form in LL.B. Part-I in S.M.
6. Law College, Karachi which was denied by respondent No.4, Principal, S.M. Law College, Karachi for the reason that she did her graduation in third division. According to petitioner, she has deposited Rs.10,000 being condition precedent for submitting the form and since she has not been able to get admission, this Constitutional Petition has been filed with the above prayers.
7. ' Mr. Rizvi, learned counsel for petitioner has argued that the denial of admission to petitioner to LL.B.
8. Classes Part-I is not only to mar the career of petitioner; it is also in flagrant violation of fundamental rights as enshrined in Constitution of Pakistan. Mr. Rizvi has argued further that many seats are available and that the students having done their graduation in third division have already been allowed admission and their admission regularized by way of Resolution No.8, dated 22-8-2005 of Academic Council, University of Karachi. He has expressed that there are precedents that the persons who were placed in third division; later became leading lawyers and distinguished Judges. In the end, Mr. Rizvi has contended that petitioner has been discriminated.
9. ' We have given due attention to the arguments of Mr. Rizvi and we have also gone through the material made available before us. On 22-11-2005 when this Constitutional Petition came up for hearing, Mr. Rizvi was required to explain as to under what provision of law petitioner was entitled to admission being a holder of a Degree of graduation in third division, also, to explain as to under what provision of law the admission in law colleges is regulated. No appropriate reply could be furnished by him; yet, time was allowed to him to come prepared on the next date of hearing since the question of educational career of a student was involved. Today, Mr. Rizvi has come up with Misc. Application No.5875 of 2005 for taking up the matter on urgent basis which has been allowed as above. He has, however chosen to advance the arguments instead of furnishing appropriate replies as were required and in support of his arguments placed reliance on Resolution mentioned above. Perusal of the said Resolution reflects that the issue of admission to graduates who had passed the examination in third division in LL.B. Was taken upon a Reference made in pursuance of another Resolution No.6 of Dean's Committee passed on 19-5-2005 whereby regularization of the admissions of Third Divisioners and issuance of enrolment cards was requested. A letter of Dean of Law to the above effect was considered by the Acedemic Council which allowed the same as special case on the undertaking that in future only those candidates who passed their graduation in second class would be allowed admission and such specific directions were issued to all the Law Colleges that according to Code of University, admissions would be allowed only to those graduates who were successful in passing their examinations in second division, Mr. Rizvi was therefore asked whether the students who had done their graduation in third division and their admissions were regularized relate to same academic year for which the petitioner has come forward for admission; his reply was that the was not aware of such academic year except that he could say that petitioner had applied for admission in the month of August, 2005.
10. ' Assisted above a letter of Dean of Law written by him in pursuance of Resolution No.6 of Dean's Committee in their meeting, dated 19th May, 2005 was considered in a meeting of Academic Council while the petitioner filed her nomination form in August, 2005. It is therefore very clear that the academic year of petitioner starts after the month of August, 2005 while the regularization of third divisioners relate to the academic year prior to that. Be that as it may, it is not the case of petitioner that for the same academic year for which the petitioner seeks admission, other students securing third division have been allowed admission. Since by way of Resolution No.8 referred to above it has been mandated that according to Code of law colleges of University only those graduates who did their graduation in second division would be allowed admission, in our view, respondent No.4 having denied admission to petitioner has not violated the regulations.
11. ' Regarding question of discrimination, it is universally known that in many colleges the graduates are allowed admissions on giving priority to those who secured higher marks showing high standard of education and those who are third divisioners are comparatively discouraged. Such reasonable classification, when made cannot be said to be violative of fundamental rights; more so, in absence of any instance of admission to third divisioners, such as the petitioner happens to be.
12. Considering the above facts and circumstances, we are clearly of the view that the denial of admission to petitioner to LL.B. Classes is neither illegal nor unlawful. Also petitioner does not seem to have been discriminated. In the circumstances, this Constitutional Petition does not have any substance and is dismissed in limine along with the listed application.