'HAFIZ TARIQ NASIM, J.---Facts leading to this writ petition are that the petitioner after doing her B.Sc. Applied Psychology in 2008 from Kinnaird College for Women, Lahore, applied for admission in M.Phil in the University of Punjab in response to the advertisement, dated 14-7-2008. According to the advertisement, the eligibility criteria was as follows:-- - "For MS/MS Leading to Ph.D.; M.Phil./M.Phil,Leading to Ph.D.
Ist Division/C.G.P. A = 2.5 in M . A . /M. Sc. /B. Sc. (Hon.) 4 years, 'B. Sc. (Engineering), B.E./MBBS/ BDS degree or its equivalent in the relevant subject from a recognized University (At least 16 years of education; 130 credit hours). Having not more than two second divisions in an academic career. No,3rd division or "D" grade in entire academic career.
Only those candidates will be considered who have qualified GRE(General)/NTS. "
2. Learned counsel for the petitioner submits that throughout the petitioner's educational career there is no third or second division, she got 134 credit hours instead of 130, which is a prerequisite for becoming eligible for M.Phil. The petitioner's GPA 3.93 instead of 2.5 as advertised by the University. Further submits that according to the website 15 seats were reserved for M.Phil in the University of Punjab Applied Psychology Department but unfortunately the petitioner is singled out without any justification whatsoever. Adds that according to the advertisement written test was a condition for admission but only to adopt a pick and choose criteria no written test was taken, three students have been admitted in the first portion of the list and out of these, the No,2 at serial list is a teacher in the University and at serial No,3 is a student came from Iran and they both did their M.A. More than ten years back. In addition to this the petitioner has at her credit a number of certificates which can add in the petitioner's eligibility threshold. Further submits that the petitioner is more qualified than the students taken for M.Phil class whereas the petitioner is discriminated.
3. On the other hand, learned Legal Advisor for University of Punjab submits that only four students have been admitted. Further submits that the petitioner does not qualify the requirement of curriculum of Psychology of B.Sc. Honors four years program as prescribed by the Higher Education Commission, so the denial of admission to the petitioner cannot be termed contrary to the advertisement in press.
4. Arguments heard. Record perused.
5. There are certain facts which are admitted and could not be controverted by the respondents even today and those are as follows:--
(i) 15 seats were available for admission in M.Phil as per website;
(ii) Only 4 out of 15 have been filled so far;
(iii) Eligibility criteria clearly speaks;
(a) 1st Division/GPA 2.5 in B.Sc.(Hons.) 4 years which the petitioner holds;
(b) 130 credit hours;
(c) Having not more than two second divisions in any academic career;
(d) No,3rd division or "D" grade in entire academic career.
(e) Qualifying GRE
6. Comparing the eligibility criteria with the petitioner who is having more than the required one in all mentioned above, when confronted with that how she is singled out, learned Legal Advisor for University of the Punjab, confined his arguments to the extent that the petitioner being a qualified from Kinnaird College for Women Lahore could not acquire the required credit hours, as the course studied at Kinnaird College is somewhat different than that of the respondent.
7. It is astonishing that on one hand the respondent-University itself advertised with certain specific conditions of eligibility and when someone fulfils the same, he/she is non-suited on extraneous consideration quite contrary to the contents of the advertisement in press.
8. Travelling beyond the scope of advertisement shall amount to approbate and reprobate which cannot be allowed and even in the present case out of 15 seats only 4 are filled till date, meaning thereby that 11 seats are still to be filled, the petitioner's eligibility cannot be disputed when she got GPA more than the required one, credit hours more than the required one, qualified GRE having practical experience more than the contesting respondents.
9. Viewing the present from all angles, it is held that non-granting the petitioner admission in M.Phil is an outcome of colourable exercise of powers by the University Authorities which is accordingly declared illegal and the University Authorities are directed to admit the petitioner as student of M.Phil Applied Psychology Department in the Session Fall 2008.
'Writ petition is allowed in the above terms.