Noor Muhammad, the petitioner filed..This petition, contending that he was a student of B.S. Zoology. He was admitted to 4-year programme in 2010. He appeared for his last paper in genetics on 26.8.2014. He intended to pursue higher studies and aimed at his admission to M. Phil Zoology.
The prerequisite for admission in M. Phil Zoology was to qualify an entry test, which was due to be held on 27.8.2014, while the first merit list was to be displayed on 5.9.2014. As things stood, the final result of B.S. Zoology was scheduled to be announced on 29.8.2014. Against this backdrop, the Director Institute of Pure and Applied Biology Department of Zoology, Baha-ud-Din Zakriya University, Multan, Respondent No. 2, who is also overall incharge of M. Phil Zoology, issued the petitioner a certificate, confirming that he has completed his course work and is waiting for his result. This was a ticket for the petitioner to take the entry test for M. Phil Zoology on 27.8.2014. He is stated, to have secured 40 Marks out of 50. Ordinarily, he deserved to be admitted to M. Phil Zoology, but he was astonished, flabbergasted, shocked and dismayed to see that his name did not figure in the merit list issued by the respondents. In the meantime, the petitioner filed W.P. No. 124112014 which came up for hearing on 12.9.2014. His writ petition was transmitted to the Vice Chancellor, Baha-ud-Din Zakriya University, Multan who was to treat the same as a representation made by the petitioner, deciding the same by making a speaking order within a period of seven days. Baha-ud-Din Zakriya University, Multan gave an audience to the petitioner, but turned down his pleas by making a detailed order dated 22.9.2014.
2. Feeling aggrieved by the order dated 22.9.2014 passed by the Vice-Chancellor, Baha-ud-Din Zakriya University, Multan, Respondent No. 1, the petitioner has filed this petition, recounting the above facts and praying that the order dated 22.9.2014 be set aside, thereby ordering the Vice- Chancellor, Baha-ud-Din Zakriya University, Multan, Respondent No. 1 to admit him to M. Phil Zoology.
3. The respondents sent in Para-wise comments, maintaining that at the time of the petitioner's taking the entry test, he had not yet qualified B.S. Zoology, and without fulfilling this condition precedent, he could not make any claim on the basis of the result of the entry test. It is further averred in the comments that the petitioner had cheated in the entry test and as he both ticked and encircled his answers, he deserved to be awarded zero marks. As such he flunked the entry test. The respondents have also raised the, preliminary objection that the writ petition' is not maintainable inasmuch as the question at issue involves the resolution of a factual controversy. On the basis of these averments and assertions, the respondents have sought the dismissal of the writ petition.
4. In support of the petition, the learned counsel for the petitioner has reiterated the contentions raised in the writ petition. It has been alleged by him that the final result of the petitioner was deliberately withheld by the respondents, forcing him to file W.P.No. 12411-2014. He has also invited the attention,of the Court to the result of the entry test in which the petitioner is shown to have obtained 40 out of 50 marks, while a candidate securing 50% would have qualified it. In other words, any candidate who got 25 marks qualified the test. It was emphasized by him that the paper in question was judged, assessed and evaluated by Dr. Tahira Ruby, Assistant Professor, Department of Life Sciences,. Islamia University, Bahawalpur, who is the subject expert.
5. On the other hand, the learned counsel for the respondents took the Court through various documents annexed to the comments furnished by the respondents to urge that the conduct of the petitioner is such that he should' not be allowed to join 'the higher studies. Allegedly he was involved in a criminal case. He is also alleged to have committed fraud in solving the paper of entry test. According to him, going by the rules, the petitioner deserved to be awarded zero marks in the entry test. He elaborates that since the petitioner had not passed his final examination in B.S. Zoology, he stood disqualified for applying for admission to M. Phil Zoology from day one He vehemently commented upon the past results of the petitioner for various years, emphasizing that the petitioner is not so bright a student as he is trying to make himself out.
6. I have heard the learned counsel for the parties and perused the documents with their assistance.
7. It is undeniable and incontrovertible that the 'petitioner appeared for his final paper in B.S. Zoology on the 261 August, 2014. As per the revised admission schedule for M. Phil Programme (fall 2014), the applicants were to file applications by 26.8.2014 at the latest, while departmental test/entry test was to he held on 27.8.2014. The merit list was to be displayed on 5.9,2014. On the other hand, the result of summer semester 2014, the- examination whereof was held on 26.8.2014, was due to be announced on 29 8.2014. It has not been denied by the respondents that Dr. Seema Mahmood, Director Institute of Pure and Applied Biology Department of Zoology, Bahaud-Din Zakriya University, Multan had issued a certificate to the petitioner, testifying that he had completed his course work and he was waiting for his result. The very wording in which the certificate issued by respondent is couched leaves no room for doubt that the same was issued, subsequent to the petitioner's appearing for his final paper in genetics on 26.8.2014, which incidentally was also the last date for receipt of applications for admission to M. Phil Programme.
The question is that when, the, entry test was held on 27.8.2014, why was the result not scheduled to be announced forthwith and the examines/applicants were to wait until 5.9.2014? It does not take a seer to come to the conclusion that the result of the entry test was delayed so that the students who had already appeared for their final examination in B.S. Zoology, but were held up and hamstrung on A account of their result not having been declared until 29.8.2014, could be accommodated It goes without saying that a student who was to fail in his final B.S. Zoology result to be announced on 29.8.2014 would have been eliminated/weeded out automatically and even if he had qualified his entry test it would not have got him anywhere. In short, in that event he was to be outside the arena, and his name need not 13 figure in, the merit list of,the selected candidates to be displayed on 5.9.2014.
8. I am not impressed by the argument made on behalf of the respondents that the petitioner was supposed to have qualified in B.S. Zoology on 26.8.2014 before his applying for M. Phil Zoology on that day. Had it been so, he would not have been allowed to take the entry test in the first instance.
Furthermore, Respondent No 2 would not have issued him a certificate, enabling him to enter the arena. In order to justify their stand, the respondents appear to be indulging in sophistry. Their argument is plainly unsound and untenable and is not supported by the material produced by them.
9. This brings me to the argument made by' the learned counsel for the respondents that no credit could be awarded to the petitioner, who in violation of the instructions both ticked and encircled his answers on the paper. As noted herein above, the paper I was evaluated and assessed by a subject specialist, who was specially sent for from Islamia University, Bahawalpur for this purpose. It has not been alleged that she blithely or deliberately favoured the petitioner. She was selected by the Vice Chancellor, Baha-ud-Din Zakriya University, Multan, Respondent No. 1 on 25.8.2014, and she was the expert member on the Test Committee constituted for admission to M. Phil Zoology. The relevant portion of Letter No. Biol. 1005/14 dated 25.8.2014 singed by Respondents Nos. 1 & 2 is extracted and reproduced hereunder for ready reference:- "Constitution of M. Phil/PH.D Botany And Zoology Test Committee M. PHIL ZOOLOGY
1. Prof. Dr Seema Mahmood Convener
2. Dr Tahira Ruby, Assistant Professor of Zoology, Deptt. Of Life Sciences, Islamia University, BahawalpurSubject Expert/Member
3. Prof. Dr. Aleem Ahmad Khan Member"
10. It is too late in the day to question the wisdom, acumen and probity of Dr. Tahira Ruby, the subject expert, who awarded 4 marks to the petitioner out of 50. It bears repeating that, a candidate who obtained 50% marks (25 marks) was to be declared successful. To say that the petitioner flunked the entry test flies in the face of facts.
11. I am of the considered opinion that Dr. Seema Mahmood Director Institute, of Pure and Applied Biology Department of Zoology Baha-ud-Din Zakriya University, Multan, did not act justly, fairly an equitably. She went to the extent of discrediting the subject specialist namely, Dr. Tahira Ruby with the. Object to keep the petitioner out o arena, which is evident from the letter dated 1.9.2014 addressed b Prof. Dr. Saeed Ahmad Malik, Dean, Faculty of Sciences/Observe Departmental Committee for Admission Test in M. Phil & Ph.D. t her. I would hasten to add that the aforesaid letter is annexed to the comments furnished by the respondents. A perusal of the letter quite revealing. It seems that the respondents had already made u their mind to disqualify the petitioner. If any value is to be attribute to the aforesaid letter dated 1.9.2014, it would render null and void the entire entry test held by the respondents. Resultantly, the process o admissions would have to start all over again.
12. In conclusion, I would like to address the objection raised by the respondents that since the disputed questions of facts are involved, this writ petition is liable to be dismissed right away. I am unable to accept this argument. As is crystal clear from the facts narrated in the foregoing paragraphs, there is no dispute about the primary and core facts. It is another matter that the respondents are not willing to face up to them.
13. For what has been stated above, this petition is allowed and the respondents are directed to grant the petitioner admission to M. Phil. Zoology without any loss of time, and without disturbing the admission of any student, who has already been declared qualified and is studying in M. Phil Zoology classes.