' IQBAL HAMEEDUR RAHMAN, J.--- Brief facts giving rise to the instant writ petition are that the petitioner has passed the Intermediate Examination (Pre-Engineering Group) in 1st Division from the Board of Intermediate and Secondary Education D.G. Khan in the year 2005. On the basis of his Pre-Engineering qualification, he applied for admission in the B.Sc. Engineering 1st year class in the respondent-University College of Engineering and Technology, Bahauddin Zakariya University, Multan, giving his preference in the following order of priorities:
(i) Department of Electrical Engineering.
(ii) Department of Mechanical Engineering.
(iii) Department of Architectural Engineering.
The petitioner was given admission in B.Sc. Engineering Class in the Department of Architectural Engineering against the reserved seat of Employee's son.
2. A seat remained vacant in the Department of Mechanical Engineering against the reserved seat of Teacher's son. The petitioner applied for transfer to the Department of Mechanical Engineering giving his second preference vide application dated 27-9-2006. The Chairman as well as the Secretary University College of Engineering and Technology Admission Committee, Bahauddin Zakariya University, Multan, recommended the petitioner's application on 20-10-2006 with the following remarks:-- "As the seat in the mentioned category is lying vacant, it is recommended that it may kindly be converted to Employee's category as it is a transferable according to prospectus, "enclosed as "A".
' In spite of his own recommendations, the Chairman, University College of Engineering and Technology Admission Committee, Bahauddin Zakariya University, Multan/respondent No,5 in its meeting held on 16-11-2006, on the erroneous plea of the Principal, University College of Engineering and Technology/respondent No,4 that the unfilled reserved (kinship) seat had been converted into self-finance/special charges seat with the approval of the Vice-Chancellor on the recommendation of the Engineering College Admission Committee/ respondent No,6 deprived the petitioner/employee's son of his vested right for admission in the discipline of Mechanical Engineering. Against the said omission on the part of respondents the petitioner had filed this writ petition.
3. It is contended by learned counsel for the petitioner that the petitioner applied for admission in B.Sc. (Pre-Engineering) in Bahauddin Zakariya University, Multan; that the preferences of the petitioner were firstly Electrical Engineering, secondly Mechanical Engineering and thirdly Architecture Engineering; that the petitioner was given admission in Architectural Engineering against the reserved seat; thereafter the petitioner applied for transfer to Mechanical Engineering in accordance with Rule 3.7 of the University Prospectus, the seats had remained unfilled in the quota of Teacher's son; that respondent No,5 also recommended the application of the petitioner for the transfer sought by the petitioner and that under Rule 5 clause (i) of the prospectus the unfilled seat could be offered to the candidates of the other kinship category.
4. On the other hand, learned counsel for the respondents has contended that the word "kinship" is not mentioned in rule 5(i) of the Prospectus of the University of Bahauddin Zakariya Multan, therefore, the unfilled seat could be converted into self-finance/special charges seat and as such no illegality or irregularity has been committed by the respondent.
5. I have heard learned counsel for the parties and perused the comments .
6. First of all it is necessary to reproduce rule 5(i) and rule A3.7 of the Prospectus of Bahauddin Zakariya University, Multan, 2006, which are as under:-- Rule 5(i) (page 26 of the Prospectus). "There shall be two seats in each discipline (morning/evening) for real son/daughter of working or retired or deceased teacher of the Bahauddin Zakariya University, Multan, provided that till the closing date for admission the concerned teacher has served the University in regular capacity for at least three years or has served the University in the same capacity for the same period before retirement from the University or before death during the service in the University, if unfilled, the seat/s will be offered to the candidate of other category."
' Rule A3.7 Transfer on the basis of given preferences (page 51 of the prospectus). "In case a seat in any discipline/category of higher preference given by a candidate falls vacant and he is eligible for transfer to that discipline/category on the basis of his merit, he shall be automatically transferred to the discipline/category. He will have no right to retain his admission in the previous discipline/withdrawal of higher preference well in time before displaying the next merit list."
' Perusal of both the rules reveals that a working teacher's son in the Bahauddin Zakariya University, Multan is eligible for offering an unfilled seat of other category and he is also eligible for transfer to unfilled/vacant seat in any discipline/category of higher preference given by him.
7. After the admission in B.Sc. Engineering Class in the Department of Architectural Engineering against the reserved seat of employee's son, the petitioner applied for the transfer to the unfilled/vacant seat in the Department of Mechanical Engineering against the Reserved Seat of Teacher's son vide his application dated 27-9-2006, which was recommended by the Secretary as well as the Chairman, University College of Engineering and Technology Admission Commission, Bahauddin Zakariya University, Multan with the remarks that as the seat in the mentioned category was lying vacant, the same be converted into Employee's category as it is a transferable according to the Prospectus of Bahauddin Zakariya University, Multan. But the said recommendations were not approved by the Chairman, University Admission Committee, Bahauddin Zakariya University, Multan respondent No,5 in its meeting held on 16-11-2006 on the erroneous plea of the Principal, University College of Engineering and Technology/ respondent No,4 that the unfilled reserved (kinship) seat be converted into self-finance/special charges seat with the approval of the Vice- Chancellor on the recommendation of the Engineering College Admission Committee/respondent No,6. This act of the respondents is in violation of sub-rule (iv) of rule 5 of the Prospectus of Bahauddin Zakariya University, Multan, 2006 which is as under:-- "Any reserved seat which remains unfilled will not be transferred to the merit quota".
8. Moreover, under rule A3.7 of the Prospectus of Bahauddin Zakriya University, Multan, 2006, the petitioner was to be transferred to the higher preferential discipline automatically. As a seat was vacant in the Department of Mechanical Engineering, the petitioner was to be considered automatically as transferred to the said discipline i,e, the Department of Mechanical Engineering.
9. The respondents could not deprive the petitioner of this right by converting the unfilled/vacant seat to that of Self-Finance/Special Admission Charges Seat on the basis of the afore-referred rules of the Prospectus of the respondents University.
10. In view of the above circumstances, this writ petition is accepted and the respondents are directed to transfer the petitioner to the Department of Mechanical Engineering by accepting his application dated 27-9-2006.