' FAZAL-E-MIRAN CHAUHAN, J.--- By filing the instant writ petition, the petitioners had called in question expulsion notification dated 19-4-2007, issued by the Registrar, University of Punjab, New Campus, Lahore respondent No,2 with the approval of the ViceChancellor-respondent No,1 on the recommendations of respondents Nos.3 to 6 declaring the same to be illegal, mala fide, violative to the principle of natural justice and against the provisions of Punjab University Act, 1973 and the same be struck down and the petitioners be declared as lawful bona fide students of the Punjab University, Lahore.
2. Briefly the facts of the case are that, the petitioners were students of the University of Punjab and before issuance of expulsion notification by the Registrar, University of Punjab, the petitioners were undergoing different courses i,e, petitioner No,1 was student of B.A. (Hons.) 4th Semester; petitioner No,2 was student of M.A. (Women Studies) 4th Semester; petitioner No,4 had completed his course as student of B.Sc. (Hons.) in Computer Sciences; his final result has been announced but he is yet to receive his final result along with Degree, when his Expulsion Notification was passed against him; petitioner No,5, being student of B. Pharmacy Final Year was to appear in the Supplementary Examination, 2007; petitioner No,6 was to undergo course for the 4th Semester M.A. Kashmiriyat, when he was expelled. Petitioner No,3 Muhammad Asad Rubbani was admitted as student for Pharmacy-D and the acting Dean for the Pharmacy Department allowed him to deposit the requisite admission fee in instalments on 19-4-2007. The petitioners have been bona fide students of different faculties and Departments of Punjab University. During the course of their studies, they never ever indulged in any political activities. On 19-4-2007, the petitioners came to know that the expulsion notification has been passed against twenty three students and their names were mentioned in the said notification, hence, this writ petition.
2. Learned counsel for the petitioners states that; petitioners Nos.1 to 2 and 5 to 6 are students of different faculties; petitioner No,4 had already completed his academic course, his result has been announced and he yet to receive his transcript and degree accordingly. Since, he has completed his studies, but his name had been included in the list of expelled students, which smacks mala fide on the part of the respondent University, whereas, he cannot be expelled from the University as he is no more student of the University, after he has taken the exams and result has been announced; petitioner No,3 was admitted as a regular student in Pharmacy-D on 19-4-2007 and the Dean of faculty allowed him to deposit his admission fee in instalments, but unfortunately, his name is also included in the impugned expulsion notification. The facts mentioned above manifestly show that the University had not adopted the requisite legal procedure while passing the impugned expulsion notification, as required under regulations relating to discipline, welfare and code of honour of the students of the University. Further states that; before issuance of the impugned expulsion notification, the petitioners were not issued any show-cause notice nor informed in any manner with regard to the action taken against them. The very issuance of the impugned notification without giving an opportunity of hearing to the petitioners is against the principle of natural justice, as no one should be condemned unheard and is deemed to be included in every statute, even if it is not specifically mentioned therein. The respondents failed to follow the principle of natural justice by not giving notice to the petitioners before taking punitive action against them, thus, issuance of the impugned notification is absolutely violative of the principle of natural justice, hence, nullity in the eye of law and is liable to be struck down only on this ground. Also states that; no specific reasons have been assigned to the petitioners for expelling them from the University nor it is mentioned that in which manner the Inquiry Committee conducted the so-called inquiry. The petitioners were never provided the statements of allegations levelled against them. The impugned notification is also silent as to whether the petitioners were summoned by the Inquiry Committee to join the inquiry and whether they participated in the same.
It is also not disclosed in the said notification as to whether any Disciplinary Committee was appointed or what has been done, is in violation of Chapter 8 Regulation 8(V) of the University Calendar, wherein it is laid down that the cases of discipline/disturbances involving students from two or some colleges/institutions/departments of the University, shall be referred to the Disciplinary Committee, constituted under Statute-11 of the University of the Punjab Act, 1973. The respondents have failed to adopt the procedure mentioned in Chapter 8 Regulation 8(V), thus, the proceedings culminating in the expulsion of the petitioner and leading to the impugned expulsion notification dated 19-4-2007, are absolutely illegal, mala fide, coram non judice and are liable to be set aside.
Further states that; the maxim of equity is that when law requires an act to be done in the particular manner, then same would be performed in such manner alone and not otherwise and any deviation would render such action as illegal and unlawful, thus, the maxim of equity has not been followed by the respondents while passing the impugned notification.
4. Conversely, learned counsel for the respondents-University opposed this writ petition raising preliminary objections to the maintainability of the writ petition by arguing that; the writ petition is not maintainable in its present form, as it has been filed in violation of principle settled by the Honourable Supreme Court of Pakistan in a case reported as M. Ismail Qureshi and others v. M.
Awais Qasim, Secretary, General, Islami Jamiat Tulba, Pak and 3 others 1993 SCM R 1781, Shah Alam Khan v. Agricultural University, Peshawar PLD 1993 SC 297, and Nadim Khan v. The Board of Intermediate and Secondary Education, Peshawar PLD 1993 SC 397. Further states that; the Honourable Supreme Court of Pakistan, while deciding the case 1993 SCM R 1781, held as under:--- "We, therefore, hereby direct that at the time of admission to an educational institution, the student and his parents/guardian shall be given an undertaking that the student shall not "indulge in politics"; failing which, he shall not be allowed admission. And if, after the admission, he violates such undertaking i,e, "indulges in politics", he shall be expelled from the institution without any further notice. All the Educational Institutions shall henceforth seek and obtain similar undertakings in respect of all existing enrolled students, failing which and or in contravention thereof, the results, shall mutatis mutandis ensue as above directed. It is explained that the finding with regard to "indulgence in politics" given by the Head of Institution under his seal and signature shall be final and shall not be questioned except only before the Supreme Court."
' States that; while deciding C.P.L.A., the Honourable Supreme Court of Pakistan observed that, if any student is declared to be indulged in the politics in violation of the undertaking given at the time of admission by the student and his parents/guardian and the decision given by the head of institution under his seal and signatures shall be final and the same shall not be questioned except only before the Supreme Court of Pakistan. Since, the petitioners were found to be indulged in the politics by the respondent-University and the finding to this effect has been given by the head of institution under his seal and signatures, the same being final order, can only be questioned before the Honourable Supreme Court of Pakistan and not by filing a petition under Article 199 of the Constitution before the High Court, therefore, writ petition is not maintainable and the remedy, if any, is available with the petitioners is to approach the Honourable Supreme Court of Pakistan.
Further states that; the petitioners indulged in politics and violated the undertakings, given by them and their parents and for violating such undertaking, they can be expelled by the respondent- University without any further notice, thus, the notification of expulsion issued by the respondent- University is very much in consonance with the law laid down by the Honourable Supreme Court of Pakistan and does not violate the principle of natural justice, audi alteram partem or any other law governing the rights of individuals. The expulsion notification was issued by the respondents in view of the judgment pronounced by the Honourable Supreme Court in 1993 SCM R 1781, as the students (petitioners), were reported to be indulged in politics, they sabotaged the fair festival and tortured the fellow students and resorted to the curricula activities, disrupted College of Pharmacy exhibition and annual dinner and caused harassment and used abusive and derogatory language against the faculty and female students. Also states that; it is incorrect that no opportunity of hearing was given to the petitioners; the students were advised to appear before the Disciplinary Committee on 29-5-2007 at 10-00 am. In the office of Chairman, Disciplinary Committee (Professor Dr. Iftikhar Baloch) for personal hearing and the Committee would look into the cases and decide the same on merits. Also states that; appeals/representations of petitioners Nos.2 to 6 are pending before the Chairman Disciplinary Committee and the petitioners were directed to appear before the said Committee on 28-5-2007 at 10-00 a.m. In connection with their expulsion from the University, but they did not appear on the pretext that the writ petition is pending since 22-5-2007 in the High Court and the respondent-Department shall not take any decision, awaiting the decision of the High Court. In this regard, he referred to the second application submitted by Muhammad Nadeem-petitioner No,4 on 29-5-2007 stating therein that against the expulsion notification, writ petition has been filed, which is pending in the High Court and the University shall not indulge in the affairs of the matters pending in the High Court, the matter shall be kept pending till the decision of writ petition. The representations of twenty three students including petitioners Nos.2 to 6 are pending before the Chairman Disciplinary Committee and after the decision of the Committee, the matter would be referred to the Academic Council of Pakistan and thereafter the matter would be submitted before the Honourable Supreme Court of Pakistan and the Honourable Supreme Court would decide the cases of the petitioners. Finally states that; in any case, either the petitioners or the respondent-University had to approach the Honourable Supreme Court in view of the decision laid down in 1993 SCM R 1781, thus, the writ petition is liable to be dismissed, being not maintainable.
5. I have heard learned counsel for the parties and perused the documents annexed with this writ petition as well as the reply and the application subsequently filed for submission of additional documents.
' Vide letter dated 19-4-2007, Professor Dr. Bashir Ahmad, University of the Punjab reported to the Registrar, University of the Punjab that on 14-4-2007, at about 5-45 pm., that a mob of students belong to Islami Jamiayat Tulba had entered in the College premises forcibly and used abusive language against the Dean/Principal, Faculty members, the administration of the College and to the female students.
' They damaged window glasses of the offices, main hall and also damaged the decoration arrangement made by the contractor for Galla dinner and also damaged the whole crockery worth thousand of rupees. Thereafter, they entered in the main hall and broke the T.V., Multimedia Computers Rostrum, and Plasma Screen, Studio Lights, spot lights and sound system.
' On this report, expulsion notification of twenty three students including the petitioners was issued by the Registrar, University of Punjab, Lahore on 19-4-2007 stating therein that the students were found to be violating the students discipline law declared by the Supreme Court vide judgment dated July 1, 1992 reported as M. Isma il Qureshi v. M. Awais Qasim 1993 SCM R 1781, and breach of undertaking given by them and their parents at the time of admission not to indulge in the political activities etc. The students were given an opportunity of personal hearing for which they have submitted request in writing to the Vice-Chancellor of the University, which is pending adjudication.
6. As submitted by learned counsel for the respondents that after providing an opportunity of hearing to the petitioners, their representations/appeals will be decided by the Vice-Chancellor and thereafter the decision/matter would be referred to the Academic Council of Pakistan and then to the Supreme Court of Pakistan and it is the Supreme Court, which would finally decide about the fate of students and the same would be followed. In this view of the matter and discussed above, this writ petition is not maintainable in view of the judgment 1993 SCM R 1781 (referred to supra). The petitioners shall appear before the Disciplinary Committee, which shall decide their representations in accordance with law and the petitioners, if so aggrieved by the decision of the Disciplinary Committee, may approach the Honourable Supreme Court of Pakistan in view of the case law, referred to supra. This writ-petition is dismissed, having no merits.