' ,MUSHIR ALAM, C.J.---Petitioner impugned the action of the respondents whereby through impugned letter dated 4-7-2007 he was declined degree of M.A. Mass Communication and so also his admission was also cancelled.
2. Petitioner who already possessed Degree in M.A. Islamic Studies, intended to further improvise his qualification, got himself registered in M.A. Mass Communication, Evening Program, for the academic year 2003-2004. Petitioner applied as per eligibility criteria on the basis of his Master Degree in MA Islamic Studies, and was admitted as per merit list. He was issued identity card for Evening Program for the Academic Year 2003-2004, paid admission fee' in the sum of Rs,13,500 each for all the four semesters respectively. He successfully completed the prescribed course and was declared successful in examination having obtained 70.60% marks and secured 1st Division. He also earned various merits certificates and awards during his course of studies.
3. The result declared by the respondent University announced "The Following students of Department of Mass Communication who completed all the requirements and are hereby to have qualified for the award of M.A. Degree 2005" and the petitioner is listed at Serial No,28. It is the case of the petitioner that to his utter surprise, in response to his letter for the award of the degree through, impugned letter declined the award of Degree for the following reasons inter alia:- "A candidate must have passed the pre-requisite examination with at least 45% from a recognized Board/University with relevant subject at intermediate of graduate/postgraduate level."
4. Learned counsel for the petitioner contended that petitioner had complied with the entire requirement before he was admitted to MA Mass Communication, Evening Program, on the basis of his eligibility as per Clause 4, which reads as:- "A candidate already having a Masters degree is eligible for regular admission to the Evening Program for a second Masters degree."
5. Learned counsel for the petitioner placing reliance on Usama Javed v. Chairman, HEC (2010 M LD 588), wherein admissions was given to the students provisionally and subject to the condition that within 04 weeks he would provide complete set of documents as required by the University.
However, the petitioner completed his studies but, he was declined degree on the ground, inter alia, that he did not possess 45% marks in the Bachelor's course. The court declined to put clock back and deprived the candidate of precious years of their educational career. It was further held that while the candidate might have been negligent in submitting their result, University had been equally indolent in taking appropriate action, if documents were not received within 04 weeks of commencement of semester. It was further held that University is estopped from taking a position, which might be detrimental to the interest of candidate and the petition was allowed. Similar is a position in the case reported as Mehwish Shabbir v. Chief Executive, Nishtar Medical College, Multan, (2008 YLR 57), in which case after admission had been granted, petitioner qualified the first examination, however she was declined admission on the ground of inadequate qualifying marks to be eligible. The Court ruled) "that career of a student cannot be spoiled in the mid of her study.
Admission Committee who admitted despite such lapse. She was allowed to continue her studies.
Even in the case of Mst. Asma Nadeem v. International Islamic University (2002 M LD 290) where the petitioner had qualified her examination and was declared successfully, university was directed to award the degree.
6. Mr. Moin Azhar Siddiqui, learned counsel for the University vehemently opposed the petition.
According to him, the advertisement of the evening program, which shows that students who have completed their masters earlier are also eligible for the second Master Degree, was a program for the academic year 2006-2007 and not for the year when the petitioner was admission. It was further stated that the decision was taken by the Academic Council and not by any individual and the Academic Council in consideration of the fact that the petitioner has qualified Bachelor in Commerce (B.Com) in 3rd Division, therefore, he is not eligible for admission in master degree program, therefore, sanction for the issuance of a degree was rightly declined. It was further contended that the petitioner from very inception of admission was ineligible cannot be given benefit of his qualifying all the four Semesters in M.A Mass Communication.
5. We have heard the arguments and perused the record.
7. There is no denial that the petitioner was admitted in evening program for 2003-2004. It is not denied that he was issued admit card for each of the four semesters. He regularly paid without any let or objection from the University and was declared ultimately successful with first division securing over 70% marks. He applied for the award of the degree in August 2005 but was declined through impugned order after more than two years: We have examined evening program admission eligibility, filed by the respondents themselves. "R/2". Under caption "Eligibility For Admission" it is provided "admission to Bachelors and Master Degree Evening Program shall be granted on the basis of academia record at the intermediate level for the Bachelors Degree and Graduation for Master Degree". Another condition which specifically provide for candidate possessing Master Degree as "A candidate already having Master degree is eligible for regular admission to the Evening Program for a second Masters Degree".
8. On bare perusal of above conditions it is clear that as per eligibility criteria laid down by the university itself candidate must have at least, secured 45% marks at "Intermediate" or "Graduate/Post Graduate Level". Student seeking admissions for their first Masters Degree to earn eligibility 45% at Graduate level may be the requirement but it is not for the candidates who already posses Master Degree and are desirous to obtain second Master Degree. Reading the other criteria it becomes more than clear that, possessing one Master Degree, is independent eligibility for the Evening Program. Indeed petitioner possessed Degree in 2nd Division in his first M.A. Islamic Studies. The University in the subsequent year encouraged students to obtain second MA on the basis of their earlier Masters qualification and also to those students serving in the morning.
9. The petitioner got admitted in the year 2003 and 2004 invested two years of hard labour, paid the requisite fee, for four semester, he was issued identity card and so also enrolment cards, he attended all classes, appear all the four semester exams and ultimately declared successful with flying colours. At no point in time university raised any objection or questioned his eligibility. Now, when the student has earned qualification by securing first Division for the award of the Degree, to say that he is not eligible on the ground that he was admitted on the basis of his graduation is totally unjustified rather smacks mala fide. If a person possesses a higher degree or qualification, in better grades, which indeed is more than minimum required eligibility qualification, for any course, educational institutions/Universities should always welcome, encourage and considered such higher qualification favourably rather than discouraging such student. Those students desiring to improve or diversify their qualification or broaden their vision should always be encourages, Universities must be benevolent and dynamic in approach any stringent restriction or fetters serve no purpose rather it is disservice to the society. There is no restriction in law to improve upon one own qualifications.
10. There is already dearth of qualified personnel in Pakistan, if premier institution of the country like Karachi University adopts a myopic view or repellent attitude that may discourage or strangulate doors of wisdom or knowledge, it would be devastating for any nation and would be counter productive in achieving goal of educated society.
' A University cannot be allowed to take toll of its own indolent act from a student who has displayed his merit by securing 1st Division. As observed in the case of Osama Javed. The Court will not put clock back and deprive the candidate of precious year of their academic career. Issuance of a degree is merely a ministerial formality; Petitioner has earned eligibility to be granted Degree in MA Mass Communication. A candidate has to work hard and earn the same by displaying his academic excellence in the examination, which is truly reflected in the mark certificates as the petitioner is one of few students amongst those who secured 1st Division and obtained more than 70% marks.
11. Mr. Moin Azhar Siddiqui, learned counsel for the University vainly argued that the enrolment card has not been issued to the petitioner; therefore degree could not be issued. Arguments are outrageous, such arguments, in fact expose the competence and mindset of persons managing the affairs of the premier University of Pakistan. We have also examined the Degree issued by the University of Karachi, no where enrolment number is mentioned in the Degree but, only the seat number is reflected, which has been issued to the petitioner and even otherwise, in case, it is considered all that important, it is merely a ministerial act and the enrolment card, if at all, required for internal use or purpose could always be issued and non-issuance of the same earlier in instant case where the student has already qualified all the semesters would be denying a right which is now guaranteed under Article 10-A of the Constitution of Pakistan. For the foregoing reasons, the petition was allowed through our short order dated 21-9-2011. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.