1. Through this petition the petitioner seeks direction to the respondents Nos. 1 to 3 for issuance of Postgraduate Diploma Certificate for admission in M.E. Telecommunication and Control Engineering.
2. ' The facts giving rise to this petition are that the petitioner had passed Bachelor of Engineering Degree in the subject of electronics Engineering from NED University of Engineering and Technology, Karachi and intended to get a Postgraduate Diploma in the field of Telecommunication and Control Engineering as such petitioner got himself enrolled with Mehran University of Engineering and Technology, Jamshoro. It is stated that he completed all the courses of Postgraduate Diploma successfully, therefore, he was entitled to get admission in M.E.
3. Engineering but for want of pass certificate he could not get admission. The petitioner deposited the requisite fee for issuance of certificate but his request was turned down by the respondents Nos. 1 to 3 on the ground that he has not studied the subject of Communication System thus he has not completed the 13 subject which is prerequisite for granting pass certificate. The petitioner had served the respondents with legal notice and in reply of the said notice by the respondents he was informed that he has passed First Term of 17th Batch with four subjects and has passed IIIrd Terms of 18th Batch with five subjects and three subjects in the 2nd Term of 18th Batch, but has not studied the subjects of Communication System thus not completed thirteen subjects which is pre requisite of granting the Pass Certificate. The petitioner has approached this Court by filing the instant petition.
4. ' The learned counsel for the petitioner states that the respondents Nos.1 to 3 have acceded their powers by refusing to grant pass certificate for admission it M.E. Engineering and the verbal information of respondents is illegal, and ab initio in the eye of law, therefore, he prayed for direction to the respondents Nos.1 to 3 for issuance of Postgraduate Diploma Pass Certificate for Admission in M.E. Telecommunication and Control Engineering.
5. ' On the other hand, Mr. Muhammad Arshad S. Pathan learned counsel for the respondents Nos. 1 to 3 submitted that the petitioner having Degree of Bachelor of Engineering from NED University Karachi was eligible for Postgraduate Diploma. He further submitted that the petitioner has not completed the course of Postgraduate Diploma leading to M.E Telecommunication and Control Engineering, as the petitioner was admitted in the year, 2004 17th Batch wherein he was declared failed in 1st Term due to failure in one subject and below aggregate marks in another subject and in IInd Term the petitioner was turned back having failed to acquire the required attendance of 75% in the class, had to seek fresh admission. The petitioner therefore, applied and vide order, dated 26-7-2006 was re-admitted in the 18th Batch IInd Term 2005. He further submitted that since one of the subjects i.e, Communication System in IInd Term of 17th Batch was not passed by the petitioner till date and the petitioner does not qualify to seek admission in M.E. Telecommunication. He further contended that as per rules the unsuccessful candidate is not entitled to for getting pass certificate or marks sheet. Learned counsel drew our attention to the list filed along with comments, which shows the name of petitioner at Sr. No,10 wherein his attendance in shown as 60%. He lastly prayed that the petition is not maintainable and liable to be dismissed.
6. ' We have heard the learned counsel for the respective parties and have perused the record.
7. It appears that the petitioner was admitted in the year, 2004 17th Batch wherein he was declared failed in Ist Term due to failure in one subject and below aggregate marks in another subject and in IInd Term he was turned back due to shortage of required attendance of 75%. Further, the petitioner did not study the subject of Communication System, therefore, neither he is entitled to get Postgraduate Diploma and nor he is eligible for getting admission in Degree M.E.
8. Telecommunication and Control Engineering. The petitioner being student we expect that the University will accommodate the petitioner by providing extra classes to improve upon his default.
9. ' We for the aforesaid reasons are of the considered view that the petitioner is not entitled to any of the reliefs and accordingly we have dismissed the petition by our short order, dated 14-4-2009.
10. These are the reasons for the said short order.