1. ' MUSHIR ALAM, J.---Through this common judgment, we propose to decide above petitions involving similar questions of facts and law.
2. ' Facts relevant for deciding the petitions appear that, the University of Sindh, Jamshoro, granted affiliation to Bhutta Medical College Faisalabad. The petitioners were admitted to Bhutta Medical College, Faisalabad, for the Academic Session 1997-1998, they were also registered with respondent No,1, University of Sindh, Jamshoro. Petitioner Tasneem Akhtar claims to be student of IVth year M.B.,B.S., Intervenor Iftikhar Ali passed First Professional M.B.,B.S. (in C.P.No,90 of 2003). All the Petitioners claim to be registered by the University of Sindh, M.B.,B.S. Examinations were held under the asupices of University of Sindh the Respondent No, 1.
3. ' It appears that, in between the University of Sindh, Jamshoro withdrew the affiliation of the Bhutta Medical College, on the ground of breach of conditions of affiliation. Petitioners made various representations to the various quarters against the de-affiliation but could not succeed, followed by a Constitutional Petition No,131 of 2002 titled as Muhammad Rahil Sarwar and another v.
4. University of Sindh, Jamshoro, at Hyderabad Circuit of this Court, impugning the de-affiliation and for holding the examination of the petitioners therein. It appears that during pendency of the said Constitutional Petition, the de-affiliation order, was withdrawn, resultantly said petition was dismissed in limine on 16-5-2002, directing the petitioners to approach Bhutta Medical College for the needful.
5. ' However, after the disposal of the Constitutional Petition, but before the examination could be held, University of Sindh, once again de-affiliated Bhutta Medical College with effect from 29-6- 2002 as notified through public notice in newspapers.
6. ' It is the case of the petitioners that, the petitioners obtained admission in the Bhutta Medical College, as it was affiliated with the University of Sindh. The University also registered them as M.B.,B.S. Students, some of the petitioners have in fact appeared in examinations of M.B.,B.S. Part-I and Part-II respectively held by said Bhutta Medical College, under the authority and blessings of Sindh University.
7. ' It was contended by the learned counsel for the petitioners that, at no point in time the University of Sindh or for that matter. Pakistan Medical and Dental Council, ever notified or warned the public generally or the petitioners particularly, advising not to obtain admission in the Bhutta Medical College. First Public Notice appeared only when the petitioners appeared and passed First and Second Professional M.B.,B.S. Examinations, held under the University of Sindh. It was contended by the learned counsel for the petitioners that, once the petitioners were admitted in Bhutta Medical College affiliated to University of Sindh and enrolled as M.B.,B.S. Students by the University, it was bounden duty of the University to accommodate its students in any other college. In support of his contention reliance was placed on the following judgments Ali Akhtar and 3 others v. University of the Punjab another 1997 CLC 80, Muhammad Irshad Siddiqui v. University of the Punjab 1997 CLC 1915 and unreported Judgment in C.P. No,D-300 of 2002 (Professor Dr.M. Jamil Bhutta v. The University of Sindh).
8. ' Mr. Lachmandas, learned Counsel for the University of Sindh contended that, Liaquat Medical College was upgraded and granted Charter under Ordinance No,VIII of 2001 as Liaquat University of Medical and Health Sciences (LUM&HS). All the Medical Colleges affiliated with the University of Sindh, are now affiliated with LUM&HS. He further points out that LUM&HS was requested to adjust the students of Bhutta Medical College, but they declined; therefore, the students of the de- affiliated Bhutta Medical College, could not be accommodated in any of the Colleges. He however, contends that, looking at the plight of the students. University of Sindh, as a special case is prepared to give its no objection to the petitioners so that they may seek admission in any other medical college, institutions or universities. He pointes out that, the respondent No,4, Pakistan Medical and Dental Council, is not co-operating. According to him, if the respondent No,4 also extends such concession, career of large number of students at stake, for no fault of their own, may be saved.
9. ' Mr. Zafar Alam, appearing for the respondent No,4, at the very outset, contended that the Petition is not maintainable, the earlier affiliation was not accorded in accordance with law. He was not able to show any steps or measure taken by the PMDC when the University of Sindh, granted affiliation to the defunct Medical College, Petitioners were enrolled by it and first and second professional M.B.,B.S. Examination were held by the University. He was also not able to give any plausible reasons or objection that the PMDC may have for extending no Objection to the students who may desire to seek admission in any of the recognized Medical College. It is not disputed that, M.B.,B.S. Examination of the students of defunct college was held by the University of Sindh as per curriculum prescribed by PMDC.
10. ' Mr. Zafar Alam, under circumstances, stated that PMDC shall have no objection in case the petitioners seek admission in any of the Private Medical College, Institute or University and do not press for admission in Government of Sindh Colleges or Institutes.
11. ' When the petitioners' counsel was confronted with such proposal of Mr. Lachmandas, and as approved by Mr. Zafar Alam, on instructions Sardar Kabir, wasted no time to grab the offer. On instruction, he further stated that petitioners will not insist on creation of additional seats in any of the State sponsored Medical Colleges or University, provided such no objections as suggested on behalf of University of Sindh and PMDC is given.
12. In view of the No objection given by Mr. Lachmandas on behalf of the University of Sindh and Mr. Zafar Alam for PMDC as recorded above, we direct that, in case, any of the Students of defunct Bhutta Medical College, enrolled with the University of Sindh, if approaches the University of Sindh or, for that matter to PMDC, it will issue necessary No Objection certificate within seven days from the date of such application.
13. ' In this view of the matter, we do not consider appropriate to enter into any detail discussion as to the obligation and duties of the Sindh University or that of the PMDC, who in this entire episode, have acted in most irresponsible manner. Once a student is admitted in a College affiliated to any Chartered University/Institute that too in a professional course and in case the College or institute is de-affiliated for whatever reason, then the student of such de-affiliated institution cannot be left high and dry. These are the responsibility of the Chartered University/Institute with whom they are enrolled.
14. ' On enquiry Mr. Lachmandas, stated that there is no provision either in the University of Sindh Act, 1972, nor in the Liaquat University of Medical and Health Sciences Ordinance VIII, 2001 that caters to such eventuality.
15. We are of opinion, once any Chartered University/Institute, enrolls a student admitted in any of its affiliated college; such student, for all practical purposes is the student of such Chartered University/Institute. In event, any of the College/Institution is de-affiliated for any reason, then student having being enrolled by the Chartered University as well, must be accommodated in any of its affiliated Institution. Recent example is of Vohra Medical College. Said college was also de- affiliated. After much agitation and hunger strike on large scale, Government of Sindh took notice and all the affected students, were accommodated in various medical colleges of the Province. In past, even in worst situation, where even the colleges were not granted affiliation by the concerned University in Punjab, students were led to believe that they would be enrolled and allowed to appear in University Exams' later they were declined and on the intervention of the High Court, the matter was resolved cases are reported as Muhammad Irshad (supra), and Ali Akhtar (Supra).
16. Present case, is still on better footing. However, Government of Sindh, it appears, is not interested to accommodate the students of Bhutta Medical College.
17. ' In the present case, both the University of Sindh as well as PMDC remained indolent and allowed the students not only to seek admission in Bhutta Medical College but were also enrolled by the University of Sindh, M.B.,B.S. Exams. Were held and results were also announced by the University.
18. De-affiliation was notified in the press much after. It was not the administration of the defunct college that was punished. It was students who were ultimate sufferer and were affected most for no default of their own.
19. Recurrence and relapse of similar episode, in different parts of country is in bitter tasting both for the Government as well as those affected. Slackness and indifferent attitude of the State functionaries to attend and remedy the malady promptly reflects adversely on the working of the executive and legislative machinery of the State. It is sad to record that; the State functionaries do not learn lesson from past. They wake up either, when much water is flown or situation slips out of their control. Neither, any executive decision has been taken nor, appropriate and remedial legislative measures were adopted at appropriate time. Large number of undesired litigation could be avoided, if fair executive decisions are taken promptly and law is amended at the right time when the flaw is encountered.
20. ' It is desirable that, Ministry of Law, may study and examine various Statutes whereunder, Charters are given to any University or Institution both, in public and private sector either, through the Provincial or Federal Legislature. After careful study and examination, the Ministry of Law may sponsor such legislation measure, that may provide remedy for the malady, and that may provide remedy to the students in event any college or Institution is de-affiliated by the Chartered University or the Chartered Institute. Ministry of Law may also examine and provided regulatory mechanism or check on authority of any Chartered Institution or University to give provisional affiliation, as such authority experience shows is often misused.
21. ' Let copy of this judgment be sent to the Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, and Ministry of Law, Government of Sindh, for necessary action at their end.
22. ' Both the petitions and pending application, if any, in terms of the above stand disposed of.