1. ' JAMAL KHAN MANDOKHAIL, J.---Both the petitions are identical, therefore, we intend to dispose of the same through a common judgment. Brief facts of the petitions are that the petitioners got admission in Al-Khair University, Campus at Quetta. After obtaining their LL.B Degrees, they applied to the Balochistan Bar Council for enrolment as an advocate under the Legal Practitioners and Bar Councils Act, 1973. Their applications were turned down for the reasons that AlKhair University has not been recognized by Pakistan Bar Council for the purposes of enrolment as an advocate as per Rule-3 of Bar Council Rules. Feeling aggrieved from said decision, the present petitions have been filed.
2. ' Learned counsel for petitioners submitted that Al-Khair University has been recognized by. Higher Education Commission (HEC) and in this behalf they have relied upon certificate from the Commission. They further alleged that the University of Balochistan has also issued No Objection Certificate for the purpose of establishment of Campus of Al-Khair University at Quetta. According to them, since the University is recognized, therefore, the LLB Degrees obtained by them should have been considered by the Provincial Bar Council for enrolment as an Advocate. Reliance has been placed on a case titled Shahid Mehmood and others v. Pakistan Ear Council and others reported in PLD 2002 Lah.
3. 67.
4. ' Respondents Nos.1 to 4 have vehemently opposed the contention of learned counsel for petitioners and have stated that Al-Khair University and its Campus at Quetta are not recognized, therefore, any degree obtained from said institution is not legal, as such, petitioners cannot be enrolled as Advocates. They have relied upon resolution, dated 24-3-2001 passed by Pakistan Bar Council in its meeting wherein it has specifically been held that Al-Khair University has not been recognized by Pakistan Bar Council.
5. ' We have heard learned counsel for the parties and have perused the record. It is an admitted fact that Al-Khair University has been established under the Act No.XXVIII of 1994 of Azad Jammu and Kashmir Assembly. The degree of said University has been recognized by Higher Education Commission of Pakistan as equivalent to degrees of other Universities of Pakistan. Certificates issued by the Commission are a proof of the fact, therefore, undoubtedly a degree obtained from Al-Khair University, Azad Jammu and Kashmir is equivalent to any degree granted by any recognized University in Pakistan.
6. ' As far as Campus of Al-Khair University in any City of Pakistan is concerned, it is true that Al-Khair University has no territorial jurisdiction within Pakistan, therefore, in case the University intends to establish its Campus in Pakistan, it shall first to apply to a University of the City having territorial jurisdiction for affiliation of its campus.
7. ' The University of Balochistan has got powers to affiliate or disaffiliate the educational institutions in accordance with section 5 of the Balochistan University Act, 1996, which is reproduced herein below:--
(1) The University shall exercise the powers conferred on it by or under this Act, within the territorial limits of the Province of Balochistan and in respect of the Educational Institutions lawfully functional within the Province of Balochistan imparting education of academic standards prescribed by the University: ' Provided that government may in consultation with the University, by general or special order, modify the extent and scope of the aforesaid powers of the University with regard to territorial limits of Educational institutions.
(2) No educational institutions situated within the territorial limits of the University shall, save with the consent of the University and the sanction of government, be associated in any way with or seek admission to the privileges of any other University.
(3) The University may admit to its privileges under prescribed conditions, an educational institution falling within the territorial limits of another University, whether inside or outside Pakistan: Provided that the prior consent of such other University and the sanction of Government is obtained."
8. ' Said powers have to be exercised keeping in view the Provisions of sub-clause (g) of section 4 and sub-clause (d) of subsection (1) of section 27 by a syndicate, the moment an educational institution applies to it. The syndicate after receiving such application has to consider the request in accordance with section 31 of the Act, which is reproduced herein below:-- "31(1) An educational institution applying for affiliation to the University shall make an application to the University and shall satisfy it-
(a) that the educational institution is under the management of the government or of a regularly constituted governing body;
(b) that the financial resources of the educational institution are sufficient to enable it to make due provision for its continued maintenance and efficient working;
(c) that the strength and qualifications of the teaching and other staff, and the terms and conditions of their services are adequate to make due provision for the courses of instruction, teaching or training to be undertaken by the educational institution;
(d) that the educational institution has framed proper rules regarding the efficiency and discipline of its staff and other employees;
(e) that the building in which the educational institution is to be located is suitable, and that provision will be made, in conformity with the Rules and the Regulations for the residence of students, not residing with their parents or guardians, in the hostels, established and maintained by the educational institution or in hostels or lodging approved by it, and the supervision and general welfare of students;
(f) that provision has been made for a Library and adequate library services;
(g) that where affiliation is sought in any branch of experimental sciences, due arrangements have been made for imparting instruction in that branch of science in a properly equipped laboratory, museum and other places of practical work;
(h) that due provision will, so far as circumstances may permit, be made for the residence of principal and members of the teaching staff in or near the college or the place provided for the residence of students; and
(i) that the affiliation of the educational institution, having regard to the provision which may have been made for students by another educational institution in its neighborhood, will not be injurious to the interest of education or discipline.
(2) The application shall further contain an undertaking that after the educational institution is affiliated any transference of and changes in the management and in the teaching staff, same in the case of government Colleges, shall be forthwith reported to the University, and that the teaching staff shall posses such qualifications as are, or may be prescribed.
(3) The procedure to be followed in disposing of an application for the affiliation of an educational institution shall be such as may be prescribed.
(4) The Syndicate may, on the recommendation of the Affiliation Committee, grant or refuse affiliation to an educational institution: ' Provided that affiliation shall not be refused, unless the educational institution has been given an opportunity of making a representation against the proposed decision.
9. If the Campus is affiliated, it does not mean that it becomes part of the University of the Cities having jurisdiction in the area. The purpose for affiliation is to have a check on the standard of education of said Campus.
10. ' The contention of petitioners that Campus of Al-Khair University at. Quetta is tecognized as NOC has been obtained from Balochistan University, has no force at all because it has no equivalence to affiliation. Since Al-Khair University has not properly applied for such purpose to the Balochistan University in accordance with the provision of the Balochistan University Act, nor through said NOC it has been affiliated, therefore, the Campus at Quetta, his got no legal sanctity.
11. ' It is an admitted fact that Campuses of Al-Khair University at different Cities of Pakistan were delivering LLB Degrees to students on the basis of which numerous degree holders have been enrolled as an advocate. Pakistan Bar Council in its meeting held on 24-3-2001 for the first time took note of the fact that AlKhair University is not recognized, therefore, imposed a ban upon enrolment of candidates as an Advocate, who obtained LLB Degrees from such University.
12. ' Before such resolution, all the Campuses of Al-Khair University at different Cities were considered as recognized, therefore, numerous students all over Pakistan got admissions in such Campuses.
13. They have spent thousands of rupees to bear educational expenses and also spent their precious time for getting law education. Their admissions were based on bona fide intention, therefore, keeping in view such fact, the Pakistan Bar Council once again re-considered such aspect of the matter and passed another resolution on 30-6-2001 at Quetta, which is reproduced herein below:- - "After full length deliberations the Council, sticking to its earlier Resolution passed in its 130th meeting held on 24-3-2001, on the recommendations of the Legal Education Committee, decided that any person who had obtained LLB Degree from the Al-Khair University Piror to the forementioned resolution of the Pakistan Bar Council, may be given opportunity to appear in an examination, comprising of two papers i,e, C.P.C. And Cr.P.C. To be conducted by the Pakistan Bar Council. Such law graduates should be allowed any two chances to pass these papers.
14. ' The legal Education Committee was authorized to conduct such an examination. If any such person qualifies the examination to be conducted by the Pakistan Bar Council through its Legal Education Committee, would only be eligible to seek enrolment as an Advocate with concerned Provincial Bar Council.
15. ' The modalities of the examination and other related details would be decided by the Legal Education Committee"
16. ' In above resolution only those students were allowed to apply for enrolment as an advocate, who have obtained their LLB Degree prior to above stated resolution, but they have not considered the fact that the students, who were already studying in said University/ Campuses before passing of both of resolutions of Bar Council were also on same footings.
17. By not allowing them to apply to the Bar Council, amounts to discrimination, because of the fact that all the petitioners who were getting their legal education from Al-Khair University at Quetta before the resolution, were also under the bona fide impression that it has duly been affiliated by the University of Balochistan. In our view, it is the fault of Al-Khair University on one hand, by not properly applying to the Balochistan University for affiliation and on the other hand, Balochistan University is at fault by simply issuing NOC for establishment of said Campus. Though NOC is not equivalent to affiliation, but still it had an impression on the raw minded students that the Campus at Quetta is working legally and lawfully, thus, for the mistaken act or fault of both the Universities, the students already got admissions or obtained C degrees therefrom, before the resolution of Pakistan Bar Council will not be penalized.
18. ' As far as the judgment relied upon by petitioners is concerned, facts and circumstances of said case are slightly different from the facts and circumstances of present petitions, however, in said judgment, the resolution of Pakistan Bar Council has been endorsed. Since the petitioners in both the petitions had got admissions in Quetta Campus of Al-Khair University before the year of 2001 and obtained degrees therefrom, therefore, keeping in view the resolution of Pakistan Bar Council they are also entitled to apply to the Bar Council concern for enrolment as an advocate. While considering their case the Bar Council shall take not of the resolution of Pakistan Bar Council as regards procedure for enrolment.
19. ' Since resolution of Pakistan Bar Council has been publicized, therefore, any person who got admission in Al-Khair University after 2001 and obtained LLB degree therefrom, shall not be considered for the purpose of enrolment as an advocate.
20. Thus, in view of above, we are inclined to accept the petitions and direct the respondents Nos. 1 to 3 to entertain applications of the petitioners for enrolment as Advocates of lower Courts accordingly.