MUHAMMAD DAUD KHAN, J.---The petitioners in the instant writ petition are students on Self Finance Basis in the Pakistan Forest Institute, University of Peshawar for the degrees in B.Sc Forestry. They are now in the final i.e 5th term of the same, having successfully passed the previous four terms.
They applied for further education on Self Finance Basis for the degrees in M.Sc Forestry to the respondents, but the respondents refused to consider them for admission in M.Sc Forestry on the strength of the Government of Khyber Pakhtunkhwa Environment Department Notification No. SO (G)/ED/5-53/2011/693-94 dated 09.07.2014 as well the policy of the Institute whereby admissions in the B.Sc and M.Sc Forestry on Self Finance Basis were abolished from the sessions 2014. The petitioners, through instant writ petition, have thus challenged the impugned notification and pray for issuing directions to the respondents to allow them admissions in the M.Sc Forestry on Self Finance Basis.
2. Learned counsel for the petitioner argued that once the respondents were allowed admissions in B.Sc Forestry on Self Finance Basis, then certain rights were accrued to them, which the respondents cannot refuse; that the impugned Notification/refusal of respondents to allow admission to the petitioners in M.Sc Forestry on Self Finance basis is in clear violation of Article 25-A of the Constitution and therefore the act of respondents is liable to be declared as illegal and without lawful authority.
3. On the other hand, the learned standing counsel for respondents contended that although the petitioners were allowed admissions in B.Sc. Forestry in the respondents' Institute but no agreement/commitment was made with them that after passing the B.Sc. Forestry Examination they would also be given admissions in M.Sc Forestry and that no advertisement as yet has been published for admissions in B.Sc/M.Sc Forestry on Self Finance Basis keeping in view the decision of the Institute as well as Notification of the Government whereby intake of students on the basis of self finance basis stood abolished from the session 2014-15.
4. Arguments of learned counsel for the parties were heard and the available record was perused.
5. The petitioners were allowed admissions in B.Sc Forestry on the General Seats as per Prospectus of the Institute. The Prospectus for the year 2013 and onward would reveal that there are three categories of students admissible for admissions in the Institute to M.Sc/B.Sc Forestry Programmes.
The first category is that of stipendiary candidate of the Forest/Environment Departments, for which the candidates are selected from amongst the holders of the posts of Assistant Conservator of Forests/Sub Divisional Forest Officers (BPS-17) of the Forest Services Cadres or equivalent posts in related service cadres by the Public Service Commission, who are sent to the Institution for two years professional education and training in M.Sc Forestry. Similarly, the Range Forest Officers in BPS- 16 of the Forest Service Cadre or equivalent posts in related service cadres are also sent to the Institute for training. In the second category, the in-service nominees of the Provincial Forest/ Environment Departments/Public Sector Organizations including AJK and Gilgit-Baltistan are admitted to Forestry programmes on merit, if they fulfill the conditions as prescribed in the Prospectus. The last and third category is that of General Seat for which applications are invited through press but subject to availability of seats. (emphasis provided). From the above, it is evident that admissions are granted against the sanctioned numbers of seats and that too after observance of codal formalities. In this case, University of Peshawar vide Notification No.163/A- II/Academic dated 07.08.2009 has permitted 25 numbers of seats for M.Sc. It is also provided therein that in case the requisite number of departmental nominations from the provincial forest departments including AJK and Northern Areas is less than 25, then the balance seats would be allocated to the self-finance category. Therefore, filling of seats on general seats depends upon the vacant seats available after admissions in categories 1(i) and 1(ii), mentioned above. It may also be mentioned here that basically Pakistan Forest Institute is for in service/Government nominated representative institution and is not meant as public education institution.
6. Annexure R-IV is an office memorandum dated 14.07.2014 attached with the comments by the respondents whereby the competent authority has abolished self finance admissions in M.Sc and B.Sc Forestry classes from session 2014-15 in view of the Environment Department Government of Khyber Pakhtunkhwa letter No. SO (G)/ ED/5-53/2011 dated 09.07.2014 in the public interest.
7. The new policy framed by the Institute as well as by the Environmental Department of the Provincial Government as part of delegated powers cannot be struck down on the ground that petitioners being students of B.Sc Forestry are also entitled to admissions in the M.Sc Forestry and that the policy/decision of abolishing the self finance admission in the Institute is violative of Article 25-A of the Constitution. It is well settled presumption that those who exercise such powers would have done it in a bona fide manner. Framing of admission policy and rules there under fell in the executive domain. The Constitution of Pakistan is based on the principle of trichotomy of powers where legislature is vested with the functions of law making, the executive with its enforcement and judiciary of interpreting the law. The Courts can neither assume the role of policy maker nor that of a law maker. The august Supreme Court of Pakistan in the case of Secretary Economic Affairs Division, Islamabad v. Anwarul Haq Ahmed (2013 SCM R 1687) has held that:- "Admission policy---interference in such policy by the courts--Scope---educational institutions were independent to follow policy for admission including affairs relating to changing conditions for endowment funds or fee, either under the policy given by the government or adopted by the college; and interference in such policy by the court was possible only in exceptional circumstances."
Similarly, the Lahore High Court in the case of Amina Sharif v. POF Board through Director Industrial and Commercial Relations (DICR) (2015 M LD 229) has held as under:- "Art. 199- Constitutional jurisdiction- Scope-educational institution-admission- High Court in exercise of its constitutional jurisdiction does not interfere in matter of examinations and/or admissions to educational institutions- Authorities concerned are sole judges of criteria laid down by institutions in their prospectus and/or calendar unless an ex-facie case of jurisdictional error is pointed out. "
So for as admission on self finance basis is concerned, the case reported as Iram Javaid v.
Bahauddin Zakariya University, Multan (2010 YLR 2886) can be cited as under:- "Art. 199- educational institution-admission on self-finance basis- No doubt education could be imparted on self-finance basis, but the able and deserving students could not be denied admission for accommodating the rich who were otherwise lacking inability as compared to others, with humble means-High Court observed that it would be appropriate to increase the number of seats to accommodate the students on self finance scheme, but they could not be adjusted on the general seat available in the State run educational institutions or institutions having substantial support out of the public funds-Public funds could only be utilized for the general good and for the education of able and deserving students."
In view of the above dictums laid down by the superior Courts in the matter of admission in an educational institution, we are not convinced that the instant case is that of an exceptional nature or of a jurisdictional error so as to justify interference of this Court in favour of the petitioners, when under the Prospectus itself, the petitioners cannot claim their admissions in the M.Sc Forestry Classes as of right.
8. The nutshell of the above discussion is that we find no force in the instant writ petition, which is hereby dismissed with no order as to costs. The interim order of this Court dated 24.12.2014 shall stand recalled in the circumstances.