' SH. JAVAID SARFRAZ, J.---Learned counsel for the petitioners submitted their admission forms and deposited examination fee for the final examination of Civil and Electrical Examination scheduled to be held on 5th of December, 2005 and now the respondents are refusing to issue roll number slips to them, which the respondent No,3 should have issued by now. It is submitted that though the petitioners Nos.1 and 4 to 9 have not cleared their full papers of the first year examination and they have also to clear some paper of second year and third year examination yet they are eligible to appear in the final year examination because in the previous years, respondents had waived the conditions of clearance of all the papers in the first year and also the condition that the paper which the candidate had not cleared in 2nd and 3rd examination did not exceed 8. It is submitted that the respondents are illegally and malafidely imposing restriction on the petitioners and are not allowing them to take the examination.
2. The learned counsel for the respondents relies on Regulation 18 of University College of Engineering and Technology, Bahauddin Zakariya University, Multan according to which a candidate, who has not cleared in all the papers of first year and 8 papers in second year and third year will not be eligible to appear in the final year examination. Further submits that this Regulation was held in abeyance from academic sessions 1993-1994 to academic sessions 2000-2001 but subsequently vide Notification No,Acad-BOS/Engg/2580 dated 17-12-2002, this Regulation was enforced again and was made applicable to both B.Sc. Civil Engineering and Electrical Engineering Classes from the academic sessions 2001-2002 onward. It is further submitted that the aforesaid Notification issued by the Vice-Chancellor, Bahauddin Zakariya University, Multan, was subsequently approved by the Syndicate in its meeting held on 19-7-2005. The present petitioners are students of the session of 2001-2002 to session 2004-2005 and hence this notification is applicable to them and the above conditions/restriction of Regulation 18 shall apply to them and all the petitioners do not fulfil the required conditions.
3. The learned counsel for the parties have been heard at length.
4. The main reliance of the respondents is on Regulation 18 of the University College of Engineering and Technology, Bahauddin Zakariya, Multan, which is reproduced as under for ready reference:-- "18. If a candidate fails to pass in more than four papers (50% theory, 50% practical) as a result of Annual and Supplementary Examination of the first year combined he shall not be allowed to appear in any subsequent examination and shall have his name removed from the rolls of the University: ' Provided that no candidate shall be allowed to appear in the final year examination who carries more than 8 papers of lower classes other than first year: ' Provided further that a candidate who is allowed to appear in the final year examination while carrying 8 papers of the lower classes, his result of the final year examination, in case of his passing in all the subjects of the final year, shall not be declared till he has cleared the papers of the lower *class."
5. On the perusal of the academic report of the petitioners, it reveals that all the petitioners except petitioners Nos.2 and 3 have not cleared all the papers in the first year. The papers yet to be cleared by the petitioners Nos.l, 2, 3, 4 and 9 in 2nd and 3rd year examination exceed the limit of 8 papers as provided in Regulation 18. Under the circumstances, all the petitioners are not eligible to appear in the final year examination, which is scheduled to be held on 5th of December, 2005.
Needless to add that this Regulation which was suspended for the academic sessions 1993-1994 to 2000-2001 was later on made operative vide Notification dated 17-12-2002. This Notification was subsequently approved by the Syndicate in its meeting held on 19-7-2003.
6. The respondent No,3/Controller of Examination, Bahauddin Zakariya University, Multan, present in Court, submits that the next examination for the first year will be held within one month from today, result of which shall be declared within two months from the date of commencement of the examination; that the petitioners and even other students (who are not the petitioner in this writ petition) and have not cleared the papers in the first year, will be eligible to appear in this examination so that they can clear all the papers in the first year. For second year and third year examinations, respondent No,3 submits that these examinations will be held within one month from the announcement of the result of the first year, the result of which shall be declared within two months from the commencement of the examination of the second year and third year. In this manner, respondent No,3 submits that the entire process of examination from first year, second year and third year will be completed by June, 2006 and the result shall be declared accordingly.
The respondent No,3 also submits that the present petitioners can also appear in the second year and third year examinations, which are being scheduled for 5th of December, 2005. For this purpose, the present petitioners and all others candidates (though not petitioners), who wish to appear in the second year and third year examinations, can apply and submit admission forms along with their fees by 2nd of December, 2005.
7. The learned counsel for the petitioner also submitted that the petitioners would be asked to vacate their hostel accommodation as the academic year is also completed. In this regard, the petitioners shall apply to the Warden of the Hostel, who shall look into the matter and shall try to accommodate them, if possible.
8. The petitioners, who have already deposited fees for the final year examination, which they are not taking at this moment, shall be refunded to them on their application to the Treasurer of the University for this purpose.