SYED SAEEDUDDIN NASIR, J.-Through this petition the petitioner has impugned the letter No,SSET/REG/2015/150 dated 12.01.2015, issued by the respondent No,4 who is Registrar of respondent No,1 Sir Syed University of Engineering and Technology, Karachi cancelling the admission of the petitioner from the University since same controversy is involved in all the above listed Constitutional Petitions, therefore, we intend to dispose of all of them by a common order at Katcha Peshi stage.
1. Brief facts as stated in the petitions are that the petitioners basically applied for admission in Bachelor of Science in faculty of Civil Engineering in respondent No,1 University vide; admission forms in accordance with the Semesters rules and regulations, but the petitioners were given admission in Computer science due to the fact that they could not secure required marks to be admitted to discipline of Civil Engineering. It is the case of petitioners prior to commencement of first Semester, the petitioners applied for change/transfer of Technology/ Discipline from Computer science to Civil Engineering. Thereafter the petitioners started attending the Civil Engineering classes regularly and the petitioners were allotted Roll numbers and Enrollment numbers in Civil Engineering on 10th June 2014. It is the case of the petitioners that the petitioners have paid their dues to the respondent No,1 which were accepted upto 2nd Semester. Thereafter the respondent 1 University issued the admit card of 1st Semester, Spring Examination 2014 (Civil Engineering), admit card of first Semester, Odd/Even RE-sit Exam 201 (Tech: (V) Batch 201). The petitioners have further asserted in the petitions that the petitioners completed their first Semester in Civil Engineering by attending regular classes of the discipline of Civil Engineering in the respondent No,1 University, however, the respondents Nos.1 to 4 neither declared the result of first Semester nor issued the marks-sheet to the petitioners, whereas the respondents Nos.1 to 4 kept on promising the petitioners that they would get it soon, in the meanwhile the petitioners completed the classes of second Semester in the faculty of Civil Engineering.
2. It is stated in the petitions that in the second Semester, the petitioners regularly attended the classes and appeared in second Semester Examination, but in second Semester, during the third paper the petitioners were stopped and thereafter their admissions were cancelled on 12.1.2015 vide; impugned letter Annexure-A of the case file, however, the petitioners still kept on attending the classes at the University and the respondents Nos.1 to 4 kept the petitioners on hope that their cases would be finalized, whereas the cases could not be finalized and the petitioners filed this petition as the mid-terms Examination was scheduled to be held from 15.3.2015.
3. The learned counsel for the petitioners has vehemently argued that prior to commencement of first Semester the petitioners applied for change/transfer of Technology/Discipline from Computer Science to Civil Engineering which was allowed by the respondents Nos.1 to 4 according to rules and regulations of the respondent No,1 University. The petitioners are regularly attending the Civil Engineering classes. The petitioners paid all the dues which were accepted by the respondent No,1 and clearance receipts were also issued, the respondents Nos.1 to 4 issued admit card of first Semester/Spring Examination for Civil Engineering in which the petitioners appeared.
4. The learned counsel for the petitioners further contended that the action taken against the petitioners vide impugned letter dated 12.1.2015 cancelling the admission of the petitioners is without lawful authority, without due course of law and in violation of natural justice.
5. He next contended that the respondents Nos.1 to 4 have issued impugned letter without conducting a inquiry into the matter and violated the principle of natural justice. The petitioners by prior permission changed/transferred the Technology/Discipline from Computer Science to Civil Engineering.
6. Controverting the arguments of the learned counsel for the petitioners, the learned counsel Mr. Abrar Hasan appearing for respondents Nos.1 to 4, has submitted that the petitioners were never allowed to change/ transfer of technology discipline from Computer Science to Civil Engineering.
He further submitted that students belonging to Computer Science cannot Change their discipline to Civil Engineering, whereas seats are available and the request is acceded to through a proper letter, therefore, it is a false statement made by the petitioners that their discipline were changed by the respondents Nos.1 to 4 'according to rules and regulations. He further submitted that the petitioners obtained fake and forged Identity Cards and on the basis of the same, were unauthorisedly attending the classes of Civil Engineering on the basis of fake and forged Identity Cards, therefore, the petitioners have disentitled themselves for the change of discipline: He further submitted that the petitioners also attached fake clearance from the Finance Department to the effect that no dues against them were recoverable and the slip attached with petition in the case file has also been used to show that the petitioners are students of Civil Engineering Department.
The Semester fee is the I same for all batches for all disciplines which the petitioners have already paid for their discipline i.e, Computer Science as is reflected from the receipt placed on record. All the documents filed by the 'petitioners are fake and do not bear the signature of any official of Finance Department of the respondent No, l. The petitioner managed to get the admit card issued on the basis of forged documents, therefore, the same is also forged and manipulated.
7. It is further submitted by the learned counsel for the respondent Nos.1 to 4 that during Semester- 2014 Exam, the Examination Department had caught the petitioners while appearing/sitting in the paper of the Civil Engineering on the basis of fake I.D. Cards and since the petitioners were caught during the examination, as such there is no question of declaring the result and issuance of marks sheet to the petitioners.
8. Mr. Abrar Hasan, learned counsel for the respondents while referring to the regulations, which permit change of faculty has placed before us a letter in which some other student was allowed change of faculty and states that in cases where change of faculty is permitted under the regulations then a proper letter is issued by the University, whereas in this case the petitioner has failed to produce any such document issued by the University.
9. We have heard the arguments of the learned counsel for the petitioners as well as the respondents Nos.1 to 4 and examined the material available on the record of the case and have come to the conclusion that admittedly the petitioners are bona fide students of the respondent No,1 University in the discipline of Computer Science. The facts as stated in the instant Constitutional Petition and the comments filed by the respondents Nos.1 to 4 revealed that the petitioners on their own started attending classes of Civil Engineering unauthorisedly and without being transferred in accordance with the rules and regulations of the respondent No,1 some where at the end of first semester and without attending classes had also appeared in one or two papers in the first Semester in Civil Engineering Department. However, while they were appearing in the second Semester during third paper the petitioners were caught by the authorities of respondent No,1 University for unauthorisedly appearing in the said Semester, thereafter, their result of the first Semester was withheld.
10. Be that as it may, it is an admitted position that the respondents Nos.1 to 4 have taken stern action against the petitioners by initiating disciplinary action and cancelling the admissions of the petitioners from the University without affording them an opportunity of being heard and defend their case, and thereby denied them their constitutional rights guaranteed under Articles 4 and 10- A of the Constitution of the Islamic Republic of Pakistan, 1973.
11. We therefore, set aside the impugned letters all bearing No, SSET/REG/2015/150 dated 12.01.2015 and restore the admission of the petitioners to the discipline of Computer Science. Though Mr. Abrar Hasan, Advocate has made a categorical statement that not a single student was allowed change of faculty from Computer Science to Civil Engineering. Notwithstanding we would like the respondents Nos.1 to 4 to hear the petitioner and to consider the case of transfer of the petitioners from the discipline of Computer Science to Civil Engineering sympathetically but strictly as per rules. The Respondent Nos. 1 to 4 may show further grace magnanimity and leniency to the petitioner while considering their case so that their future and their academic year should not be ruined, if the rules and regulation of the respondent No.1 University permit them to do so.
The petition is allowed in terms of aforesaid order and disposed of at Katcha Peshi stage along with all listed applications.