The petitioner is disabled student of M. Phil Geography Department University of Punjab, Lahore. He has passed 2 semesters of M. Phil securing 3.85 CGPA as is shown from the academic transcript issued by Respondent No,
1. The petitioner when approached the Department for issuance of challan for 3rd semester, Respondent No, 2 refused to issue him the same and orally informed him that his admission is not according to rules so his admission will be cancelled soon. The petitioner approached the Vice Chancellor of Respondent No, 1 for redressal of his grievance but the said application remained unattended. In these circumstances petitioner was forced to file the present petition. The petitioner through this constitutional petition prayed as under: "In view of the submissions made, above, it is most respectfully prayed that this writ petition may kindly be accepted and the Respondent No, 2 may kindly be directed not to cancel the admission of the petitioner and to issue Challan Form to the petitioner so that the petitioner may continue his studies, with further direction to the Respondent No, 2 not to cause any sort of illegal and undue harassm ent to the petitioner and conduct himself in accordance with law."
2. Notices were issued to respondents who filed report and parawise comments, respondents specifically took the stance as under:-- "The petitioner has fried to deceive this August Court by producing fake academic transcript, as such he is liable to be proceeded under Section 476, Cr.P.C.
The transcript produced by the petitioner is a result of forgery and fabrication, because as per the record the same was never issued by the University."
3. As there were serious allegations against highly educated person who intends to appear in 3rd semester of M Phil, notices were issued to Chairperson and Coordinator Geography Department University of Punjab, Lahore. These two persons signed the transcript which the respondents claimed to be forged and fabricated. In response to notice of Court. the then Chairperson Professor Dr. Tabassum Jamal appeared and made the statement that certificate was issued by Geography Department University of Punjab, Lahore which bears her signatures and also signatures of coordinator. The said Professor in addition to her statement produced photo copy of transcript downloaded from the website of University of Punjab, Lahore and states that till today the said transcript is available on the website of University of Punjab, Lahore but she could not assure this Court that tomorrow this transcript will be available on website of University of Punjab, Lahore or not?. The said certificate is placed on record as Mark-A.
4. As there were serious allegations against the petitioner which were refuted by the issuer of transcript, learned counsel for respondents was asked to tell the name of person who signed the report and parawise comments leveling serious allegations against the petitioner, so they may be summoned, learned counsel for respondent in the first instance tried to argue the case without providing information about the signatory of report and parawise comments and on Court's instance states that no one signed these report and parawise comments and it is he who signed the, same on behalf of respondents. Learned counsel for respondents then requested to argue the case which was declined for the reason that learned counsel is an officer of Court and his legal duty is to assist the Court and not the defend the respondents for their illegal acts. In these circumstances this case is being decided unopposed.
5. Record shows that petitioner was admitted in M. Phil in Geography Department. University of Punjab, Lahore. He successfully completed two semesters securing good CGPA. It seems there is some dispute between two Professors. Dr. Tabassum Jamal being the Chairperson of Geography Department addressed a letter to Vice Chancellor University of Punjab, Lahore as under :-- "Some applicants who desired admissions in M. Phil in the department of Geography of University of Punjab have approached Higher Education Commissioner (HEC) for clarification about admission criteria regarding no third division in academic career for admission in M. Phil. HEC has responded to their requests and has conveyed "3rd division is not hurdle for admission in Ph.D/M.
Phil but for getting HEC scholarship you should have no 3rd division, (Copy of the mail is attached).
In order to avoid any problem, it is requested that the adoption of HEC criteria may please be allowed."
6. This matter was resolved with the noting of different officials of University of Punjab, Lahore.
Likewise Centre for South Asian Studies addressed a letter to Vice Chancellor on the same facts who was facing the same difficulty in admitting the students for higher education.
7. When a Professor Dr. Abdul Ghaffar took over the charge as Chairperson of Geography Department. University of Punjab, Lahore, he addressed a letter on 15.10.2009 to Vice Chancellor University of Punjab, Lahore as under:-- "I have come to know that admissions in M.Phil program session 2009-2011 have been made in the department. Being Professor of Geography I am ex-officio member of Doctoral Program Committee (DPC) under the rules. I am surprised and protest that why I have not been involved in the admission process.
Now I have come to know that Mr. Imran Siddique Kokab, Who carries two 'D' grades in his academic career, has been admitted in M. Phil Program which is against the rules and admission criteria published in the Newspapers. It is possible that some other admissions may also have been made against the admission criteria. I, therefore, request that matter may pl. be probed by re- scrutinized the academic record of all students admitted in M.Phil program and any illegal and against the admission criteria admission may pl. be declared cancelled."
8. The Acting Vice Chancellor University of Punjab, Lahore on the same day referred the matter to Dean Faculty of Science University of Punjab, Lahore who passed the following order.
The matter has already been thrashed out & settled."
9. Copy of this order was also send to Dr. Abdul Ghaffar. There is another letter dated 12.9.2009 issued by HEC Islamabad addressed to Professor Dr. Tabassum Jamal Chairperson of Department of Geography University of Punjab. HEC vide letter dated 12.9.2009 Islamabad has informed the University of Punjab, Lahore as well as Director General Q.A HEC Islamabad in the following manner: -- "Reference is made to your Letter No, Nil, dated 10.9.2009, on the subject cited above, this is to clarify that a person having a 3rd Division in his/her academic career can take admission in M. Phil Programmes as per policy of the university and HEC does not have any reservations on it. A copy of the referred email is also enclosed herewith as ready reference."
10.The above facts shows that petitioner was rightly admitted in M. Phil program of the department of Geography University of Punjab, Lahore. He successfully completed his two semesters and it is established on record that Dr. Abdul Ghaffar, the successor in interest of Dr. Tabassum Jamal Chairperson of Geography Department University of Punjab, Lahore has some personal reservation against outgoing Chairperson. He started to agitate a closed and past issue but again he was informed by the Dean Faculty of Sciences University of Punjab, Lahore that it is thrashed and settled issue but inspite of the said decision of the competent authority (Dean of Faculty of Sciences) the said Dr. Abdul Ghaffar continued to create hurdles in continuation of petitioner's education and refused to issue challan form for 3rd semester. The petitioner approached the Vice Chancellor but his grievance remained un attended. This shows the working efficiency of highest body of University of Punjab, Lahore who is enjoying good education reputation all over the world. Vice Chancellor of University of Punjab being the head of University is duty bound to resolve the petitioner's grievance but he remained silent for the reasons best know to him. The petitioner was then constrained to approach this Court by invoking its constitutional jurisdiction.
11.This Court when called report and parawise comments from Respondent No, 1 & 2 an unsigned report and parawise comments were submitted alleging that petitioner's transcript is forged and fabricated document and is not available in record claimed that petitioner is liable to be prosecuted under Section 476, Cr.P.C.
12.The above said allegations proves false when their learned counsel informed that no one has signed these documents. In the absence of owning the report and parawise comments by Respondents No, 1 & 2, mala fide of Respondents No, 1 & 2 is proved beyond any shadow of doubt.
13.In view of above, this petition is allowed and respondents are directed to issue challan form to petitioner. Copy of this order be also sent to the Vice Chancellor University of Punjab, Lahore for probing the matter and submit the report to Deputy Registrar (Judicial) of this Court within one month on receipt of certified copy of this order. Office is directed to remit the copy of order to Vice Chancellor University of Punjab, Lahore. In case the office did not receive the report, the office will put up this file before Court for appropriate orders.
14.The petition is thus allowed.