' FAZAL-E-MIRAN CHAUHAN, J.---Brief facts of the case are that petitioner has done her Master in Urdu from' University of Punjab in the year, 2001 and intends to take admission in M. Phil leading to Ph.D. Program in Urdu from Allam Iqbal Open University Islamabad respondent No,1 in the forthcoming Sessions i,e, Autumn Sessions, 2008. Respondent No,1 vide its public notice published in daily Jhang on 2-8-2008 invited applications from the prospective students of M.Phil/Ph.D Programmes. Petitioner's application for admission to M.Phil leading to Ph.D Program in Urdu submitted in the Regional Office of respondent No,1 at Faisalabad was refused on the pretext that petitioner has not annexed the result showing that she had cleared her GAT/GRE obtaining 50% - of the total marks, a pre-conditions for admission in M.Phil/Ph.D Program.
2. It is argued by the learned counsel for the petitioner that the conditions of passing GAT/GRE examinations by obtaining 50% marks for doing Ph.D in Urdu is unfair and discriminating to assess the ability of a student passing her education in Urdu through a test which is totally English language and mathematical based. Imposition of the conditions for getting admission in M.Phil/Ph.D Urdu is unconstitutional and in violation of rights granted by the Constitution of Islamic Republic of Pakistan, 1973 i,e, right of equal opportunity and equal treatment as well as rights relating to preservation and promotion of National language of Urdu. Further argues that respondent shall introduce some alternative Urdu based/test for assessment of eligibility of the students.
3. I have heard the learned counsel for the petitioner and also gone through the documents annexed with writ petition.
4. Chapter I of Part-II of the Constitution deals with fundamental rights and provides for striking down the laws inconsistent with or is in derogation of fundamental rights. Every right guaranteed under this chapter is subject to any reasonable restriction imposed by law or subject to such qualification, if any, .As may be prescribed by law. In the present case the short question involved is whether respondent No,1 (Allama Iqbal Open University) could prescribe conditions for admission in M. Phil leading to Ph.D. Program. The same question came up for consideration in case titled Naeem Mirza v. Government of Sindh etc. 1987 CLC 1487 as to whether Government can prescribe condition for admission for'Medical College additionally requiring the candidates to have passed Physics, Chemistry, Biology, English and Urdu or any other language and other two subjects in lieu of Pakistan Studies and w Islamiat/Civics. It was held by the Division Bench that the power to prescribe the maximum qualification for admission to the affiliated medical colleges is. Exclusively within the jurisdiction of the Karachi University but with its prior consent and approval additional conditions may be already prescribed by the University of Karachi. In the present case Allama Iqbal Open University in its publication had prescribed additional qualification that only those students, would be eligible to apply who have passed GAT/GRE with minimum 50% marks. The condition so imposed is not only for students who are applying for M.Phil leading to Ph.D Program in Urdu but also to those are applying for M.Phil leading to Ph.D. Program in Mass Communication Iqbal Studies, Chemistry, Food and Nutrition, Islamiat Pakistan Language and Literature. It is not 'case of the petitioner that this additional condition has been imposed for first time nor it has been pointed out that any A student has been given admission in M. Phil leading to Ph.D Program in Urdu, who has not passed GAT/GER with 50% marks to show that she has been discriminated.
5. The other argument was that the condition imposed is against the fundamental rights guaranteed by the Constitution but learned counsel failed to demonstrate as to which fundamental right guaranteed under the Constitution has been violated. Clause (c) of Article 37 of the Constitution provides that State shall make technical and professional education generally achievable and higher education equally accessible to all on the basis of merit. The condition so imposed by the respondents is not only for those students who are applying for Ph.D. In Urdu but also who are applying for Ph.D in Mass Communication, Iqbal Studies, B Chemistry, Food and Nutition, Islamiat, Pakistan Language and Literature. No discrimination appears to have been caused.
' For what has been discussed above, and in view of the law land down in 1987 CLC 1487, PLD 1976 Lahore 501 PLD 1971 Lahore 641 and PLD 1985 Lahore 300, this petition having no merit is dismissed in limine.