' IQBAL HAMEED-UR-RAHMAN, J.-- - By this single judgment the following writ petitions are being decided having common question of law and facts:--
(1) Writ Petition No,7316 of 2007 (2) Writ Petition No,7317 of 2007.
2. Through they instant writ petitions the- petitioners have called in question the entry test on the basis of National Testing Service and seek their promotion in M.Sc. Honours.
3. Brief facts succinctly required for the determination of this petition are to the effect that respondent No,1 through an advertisement in the "Daily Nawa-e-Waqt" dated 17-10-2002 had advertised as Admission Notice for B.Sc. Honours three years and B.Sc. Four years degree programme and the applications were invited for admission in B.Sc. Honours three years degree programme in different categories. The petitioners got admissions with respondent No,1 in Botany on the basis of the said advertisement on open merits which were bases for three years and two years i,e, three years would be for B.Sc. Honours whereas two years would be for the M.Sc. Honours.
The Syndicate of respondent No,1 held a meeting in the year 2006 and it was approved with reference to the Higher Education Commission that the B. SC. Honours would be for four years and one year would be for M.Sc. Honours, so the admission granted to the petitioners on the basis of three plus two years was changed to four plus two years and the petitioners carried out their academic career under the aforementioned rules and regulations made by respondent No,l. The petitioners under-the amended policy .Of respondent No,1 passed their examination as B.Sc.
Honours in four years in March, 2007 so the petitioners are B.Sc. Honours under the second policy made by respondent No,1 and now they were entitled for M.Sc. Honours admission straightaway.
The Syndicate again held a meeting where they had decided that M.Sc. Honours would be for 18 years instead of 17 years and even under the third amended scheme passed by respondent, No,1 the petitioners were entitled to be promoted for M.Sc. Honours but the same has not been done as respondent No,1 had got advertised on 8-7-2007 an Admission Notice wherein applications are being invited for admission for different categories and this advertisement with reference to the open competition for the admission of the students. All the interesting candidates are required to appear in the N.T.S. Test as a. Prerequisite for the admission in M.Sc. Honours. The new scheme is being introduced in violation to the admission granted to the petitioners initially of three years plus two years course and thereafter the amended scheme of four plus two years. Keeping in view the earlier scheme the petitioners are entitled to be promoted to the M.Sc. Classes without being required to qualify the N.T.S. Test. In this regard the petitioner had moved an application with respondent No,1 on 26-4-2007 but the same has been declined and They were refused to be promoted in M.Sc. Honours with, reference to the advertisement made on 8-7-2007 on open merits.
4. The respondents Nos.4 and 5 submitted their report and parawise wherein the respondents have submitted that the petitioners have not approached this Court with clean hands. The petitioners themselves chose to appear in the National Testing Service and when the petitioners had failed to qualify they have approached this Court, as Such the writ petition deserves to be dismissed.
5. When confronted with the policy adopted by the University, the respondents produced a letter dated 30-5-2006 in which it is stated that before admission in M.Phil. Programme test equivalent to GRE (General) is to be taken by all students for admission into M. Phil/equivalent degrees. The Test will be organized by the Higher Education Commission through a testing service such as N.T.S. And all students seeking admission in M. Phil after 30-6-2006 should pass this test before admission. As is apparent from the above said letter dated 30-5-2006 which is for M. Phil classes, therefore, it does not apply to the petitioners. Further when the students in two faculties namely Chemistry and Environmental Sciences have been given admission following the admission policy of three plus two years propounded in the year 2002 in which the petitioners had taken admission and as such are now qualified to be promoted to the M.Sc. Classes. In this regard learned counsel for the respondent presented a certificate of the Registrar that the applicants can apply to take admission in MS Programme, if eligible as per University advertisement. The other students of the University were given admission in MS Chemistry and MS Earth and Environmental Sciences on the basis of the admission scheme of 2002 and were promoted to M.Sc. Classes, as such the learned counsel for the A respondents could not controvert that the University is not following a unified policy with regard to the admission. The petitioners are being discriminated by refusal to be promoted to M.Sc.
Classes on the basis of the same policy although they had obtained their admission under the policy of 2002 and the other students i,e, Chemistry Department and Environmental Sciences, who are batch-mates of the petitioners under the principle that after having passed their B.Sc. Honours Examination they had not been put with reference to the admission to N.T.S. Test under the latest advertisement dated 8-7-2007 rather they had been promoted straightaway after passing B.Sc.
Honours Examination as they had also been given admission and have been registered with respondent No,1 for five years and after having passed B.Sc. Honours Examination they have joined M.Sc. Honours and they had almost completed their first midterm Semester whereas the petitioners are being treated discriminately whereas the permission has been made accordingly to the students of the above said two departments but the came is not being allowed to the petitioners as such, discriminatory treatment is being meted out to the petitioners, who have been refused to be promoted in M.Sc. Honours on 13-7-2007 in violation of the Constitutional right.
6. In view of the above circumstances, these writ petitions are accepted and the respondents are directed to allow the petitioners to be promoted to the M.Sc. (Honours) Classes on the basis of the