MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner who is student of BS (C.S.) 6th Semester Session (2003-7) class and whose name has been struck of from the roll of the department of Computer Sciences, Bahauddin Zakariya University, Multan due to his failure to secure the requisite minimum cumulative grade point average (C.G.P.A.) vide Notification issued by the said department on 26-6-2006, seeks quashment of the said Notification through this constitutional petition.
2. The facts in brief are that petitioner appeared in the 6th/last semester of the said class but as he failed to obtain the minimum cumulative grade point average (C.G.P.A.) of 2.0, hence in terms of Rule 11(v) of Uniform Semester Rules of Bahauddin Zakariya University, Multan, as reproduced below, his name was ordered to be removed from the roll of the department through the Notification mentioned above: "Likewise at the end of the each semester, a student must obtain a minimum cumulative grade point average (C.G.P.A.) of 2.0 and must also pass at least 50% of the courses taken by him in order to be promoted to the next semester. If any of the preceding two conditions is not complied with by a student, he shall be removed, from the rolls of the Department."
To this extent the abovementioned factual position is not disputed. The only dispute requiring determination in this writ petition is whether petitioner's admission in ongoing summer camp and the result of the said summer camp would have any affect on his making good deficiency in the C.G.P.A. So as to raise the .Same from 1.92 to the requirement of 2.0 notwithstanding the declaration of his result of 6th semester earlier to the completion of the summer camp showing him dropped due to non-securing the requisite C.G.P.A.
3. It has been argued by learned counsel for the petitioner that since the department itself offered the petitioner to repeat the course by putting in summer camp and the said admission was given to the petitioner with an implied assurance that his performance in the summer camp would be added while determining his C.G.P.A. In the 6th semester, hence, firstly the University authorities could not declare the result of the 6th semester before the completion of summer camp and that as a result of his admission in summer can the University authorities are still bound to add his performance of the summer camp for the determination of C.G.P.A. Of his 6th semester and till then no justification was available with the University authorities either to strike of the name of the petitioner from the rolls of the department or to declare him dropped from the said department with the result that he had now to join the department from the very beginning i.e. 1st semester which is not only harsh but also against the principles of natural justice.
4. As directed by this Court, report and parawise comments have been filed by the respondent- University along with entire record of the petitioners beginning from 1st semester to the last 6th semester, now in dispute. It has been submitted' in the report and comments that at the first instance the result of summer, camp could not have any affect on the result of the 6th semester of the petitioner which was issued prior to the completion of the summer camp and secondly he was given admission in the summer camp provisionally that he would only be allowed to attend the repeat course either to make up the deficiency in the earlier semesters or to pass the subjects he had failed in the earlier semesters but neither under the Rules mentioned above nor under any practice of the department the deficiency in the C.G.P.A. Can be raised as a result of performance in the summer camp which was only being held with the object of adding in C.G.P.A. Over and above the basic requirement of 2.0. It has been argued by learned counsel for the respondent- University that as held by the Honourable Supreme Court of Pakistan in the case Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCM R 961, the "Rules and Regulations framed by the University Authorities for the purpose of conducting/regularizing its examination, etc, were required to be interpreted by the University Authorities itself and Courts should avoid to interpret the same unless a case of grave injustice was made out, otherwise it would be difficult for the University administration to run its internal affairs relating to examination, etc.". It has further been argued on behalf of the University that neither this Court while sitting in constitutional jurisdiction can compel the University Authorities to allow further chance to a student in violation of the said Rules for improving the requisite C.G.P.A. Nor can this Court hold the above mentioned Rules either harsh or cruel, as these Rules were framed by the University in exercise of its rules making authority. Reliance has been placed on the case of Akhtar Ali Javed v. Principal Quaid-e- Azam Medical College 1994 SCM R 532. 2006 SCMR 1976 and an unreported Division Bench judgment of this Court in I.C.A. No.6 of 2006 Sami-ur-Rehman's v. Vice-Chancellor, Bahauddin Zakariya University, Multan and others.
5. I have considered the above mentioned arguments of learned counsel for the parties and have gone through the entire material including the relevant Rules.
6. There is no denying the fact that degree program of the Bahauddin Zakariya University in the department of Computer Sciences, is governed by the Rules known as Uniform Semester Rules and not only the University Authorities but also the students are obliged to follow the same which have been framed by the University Authorities in exercise of their rules making authority and the same have thus acquired statutory force. Therefore, while deciding any dispute regarding holding of Classes, conduct of examination, preparation and announcement of result of Computer Sciences, one has to follow these Rules and except the rule-making Authorities through a proper mode of amendment, no one can add any thing in these Rules and this Court has only jurisdiction to interpret the same as held by the Honourable Supreme Court of Pakistan in the case Muhammad Ijaz-ul-Haq v. Executive District Officer and others 2006 SCM R 989. Admittedly when the petitioner got admission in 6th semester and appeared in the examination or said semester, said Rules were in force and petitioner was bound to fulfil the, requirements of Rule 11(v) of the said Rules, as reproduced above, whereby it was mandatory to obtain minimum cumulative grade point average (C.G.P.A.) of 2.0 and in case of non-compliance of the said condition he was liable to be removed from the rolls of the department. Therefore, the only legal requirement to avoid removal on the roll of the department was to obtain C.G.P.A. Or 2.0 and these rules are silent about any summer camp and addition of result or the summer camp while determining the C.G.P.A. Of 6th semester, hence this Court is not in a position to hold that the University Authorities were bound to, wait for the result of the petitioner of his summer camp and after adding the said result should have determined the C.P.G.A. Of 6th semester. In fact, this prayer of the petitioner is an indirect 'attempt to ask this Court for another chance in the garb of his admission in summer camp which this Court while sitting in constitutional jurisdiction is not authorized to allow him, as held by the Honourable Supreme Court of Pakistan in the case Syed Mufeed Shah and another v. Principal, Khyber Medical College, Peshawar and others 2006 SCMR 2076. Further as held by the Honourable Supreme Court in the case Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCM R 961, this Court cannot direct the University Authorities to interpret the above mentioned Rules in a specific manner, as the same would amount to interference in the internal affairs of the University relating to examination etc. The petitioner while starting his studies on 6th semester and appearing in the examination was fully aware of the existence of Rule 11(v) of the said Rules and should have been vigilant that he had to obtain C.G.P.A. Of 2.0 in the examination held at the end of that semester and the said Rule does not talk of inclusion of any performance of a student in the summer camp being held or to be held after the declaration of the result of each semester and which according to the University Authorities was being offered to improve the minimum C.G.P.A. Of 2.0 and not to make good the shortfall in the same.
7. The upshot of above discussion is that this petition has no force and the same is dismissed 8.Before parting with this judgment, I would also like to add few lines for the serious consideration of the worthy Vice-Chancellor of Bahauddin Zakariya University.
As observed above, after the enforcement of Uniform Semester Rules w.e.f. 10-4-2004, I have not been able to find out any justification for holding of summer camp when under the said Rules neither there is any provision for holding such summer camps nor the result obtained during summer camp can be permissively added while determining/ evaluating the minimum C.G.P.A. I have been told in the Court that summer camp is being run by the department of Computer Sciences of the University and students are given admission in the said camp for which they are charged huge fee by giving an impression that the result obtained during summer camp shall either be added or same shall be helpful in the determination/evaluation of minimum C.G.P.A. I have also been told in the Court that fee of the said summer camp is neither collected nor accredited in the account of the University; rather the same is collected and accredited in the account of Department of Computer Sciences of the University from where the same is disbursed to the teaching staff. This practice on the part of the Department of Computer Sciences is not only illegal but also amounts to trapping the students by giving a wrong impression that result obtained during said summer camp would be beneficial for their ultimate promotion to the next semester, hence the same cannot be graced with any justification. In the present case also, it has been alleged by the petitioner that he was persuaded to get admission in the summer camp on the assurance that the result obtained in said summer camp shall be added while determining/evaluating the minimum C.G.P.A. While tabulating the result of 6 semester. Their might have been some efficacy or justification for holding such summer camps before theth enforcement of Uniform Semester Rules which have a statutory force having been framed by the University Authorities in exercise of their rule making power but after the enforcement of these Rules, as held above, the degree program of the Bahauddin Zakariya University regarding holding of classes, conduct of examination, preparation and announcement of result of Computer Sciences, is exclusively governed by the said Rules and not by any practice and since these Rules are silent about any summer camp therefore, the University Authorities have got no jurisdiction either to hold these summer camps by wrongly persuading the students regarding addition of the result obtained during summer camp while determining/evaluating the minimum C.G.P.A. Nor even the result of summer camp can be added even for improving the C.G.P.A. As admitted by the University Authorities in the report and parawise comments. The learned Vice-Chancellor of Bahauddin Zakariya University who is known for his excellent educational career and also for his administrative qualities, is, therefore, expected to take a serious notice of this glaring illegal practice of holding summer camps by giving a wrong impression to the students that result of said summer camp shall be added while determining/evaluating the minimum C.G.P.A., and he shall take immediate steps for disbanding the holding of summer-camps by the concerned department of the University and shall further ensure that abovementioned Rules are followed strictly and with all rigours.