SHEZADA MAZHAR, J.---Through the present writ petition, the petitioner has challenged the inaction on the part of respondent/Higher Education Commission for not verifying his MBA Degree obtained from Lahore School of Economics.
2. Briefly the facts of the case necessary for the disposal of the present writ petition are that the petitioner completed his Grade 12 from Middle East International School of Doha, Qatar in the year 2004-05 in pursuance to the American Education System. The petitioner returned to Pakistan after obtaining certificate of completion and got admission in BBA (Honors) in Lahore School of Economics and completed the same in the year 2008, where after he got admission in MBA and completed the same in the year 2010. After completion of his education, the petitioner applied for different jobs within Pakistan as well as out of Pakistan. The petitioner got employment in Qatar Petrochemical Company, Doha Qatar, however, they required verified MBA Degree from respondent No. 1/Higher Education Commission of Pakistan. The petitioner filed application for verification of his degree, however, respondent No.1 directed the petitioner first to obtain equivalence letter from respondent No.2 i.e. Inter Board Committee of Chairmen (IBCC). The petitioner approached respondent No.2 for obtaining equivalence letter, however, he provided the petitioner with a form for equivalence certificate but the same does not specify any criteria for verification of a decree/transcript issued by Middle East countries. In order to specify the requirement of respondent No.2, the petitioner obtained letter dated 12.12.2012 from Supreme Education Council (Equalization Institute of Doha) which specifically state that the certificate of the aforementioned student is equivalent to the Qatar High School. Despite the said letter, respondent No.2 asked the petitioner to provide transcripts of grade 9, 10 and 11 which was not mentioned in the equivalence form provided to the petitioner, therefore, the present writ petition.
3. The learned counsel for the petitioner submits that for the verification of degree no criteria has been defined/specified anywhere in the law: that respondents are wasting the precious time of the petitioner and playing mayhem with his future; that respondent No.1 has refused to entertain the request for verification of the petitioner's degree which he obtained from a University which is duly registered with the Higher Education Commission; that the respondents are in direct violation of Articles 2-A, 4, 9, 18, 25 and 27 of the Constitution and infringing the fundamental rights of the petitioner.
4. On the other hand, learned counsel for respondent No.1/Higher Education Commission submits that in view of the law laid down in Miss Mobeen Sheikh and others v. The Federation of Pakistan and others (1998 SCM R 2701) the petitioner is required to obtain equivalence certificate before verification of the degree from its registered University as the petitioner has done his Intermediate Equivalence Education from Qatar, therefore, before verifying the degree it is necessary upon the respondent/commission to obtain Inter Degree without production of Intermediate Certificate issued by Inter Board Committee of Chairmen (IBCC). The Higher Education Commission cannot attest the bachelor or master degree of any other college; that even the form filled by the petitioner clearly states, in clause-III wherein it is specifically mentioned "in case of '0' and'A' level certificates, Equivalence Certificate from IBCC is required". Submits that the petitioner has failed to provide the required documents, therefore, Higher Education Commission cannot verify the degree obtained by the petitioner.
5. The learned counsel appearing on behalf of respondent No.2/Inter Board Committee of Chairmen (IBCC) submits that Equivalence Certificate is required at the time of admission to any Education Institution. In the present case the petitioner required verification of his degree obtained from Lahore School of Economics. The said verification is required for the purpose of obtaining job in Qatar. No further education is to be obtained by the petitioner on the basis of any Intermediate Degree/ Certificate obtained from any Education Institution outside the Pakistan, therefore, respondent No.2 is not necessary party and the Equivalence Certificate required by the Higher Education Commission is not relevant in the case in hand. Learned counsel submits that name of respondent No.2 be deleted from the array of the respondents.
6. I have heard the arguments and perused the record.
7. The perusal of the record reveals that the petitioner after completing his Higher School Certificate from Middle East School Doha, Qatar returned to Pakistan and took admission in Lahore School of Economics for his BBA and then for MBA. Both the degrees were duly granted to the petitioner by the said institution without raising any objection with regard to Equivalence Certificate allegedly required for taking admission on the basis of Higher School Certificate obtained from Doha, Qatar. The respondent No.1/Higher Education Commission has failed to produce any law, rules, regulations or even procedure regarding verification of the degree. The only relevant provision available to the respondent/Higher Education Commission is Section 10 (1) (o) of the Higher Education Commission Ordinance 2002 which states as under:-
10. Powers and functions of the Commission.---(1) For the evaluation; improvements, and promotion of higher education, research and development, the Commission may---
(o) determine the equivalence and recognition of degrees, diplomas and certificates awarded by Institutions within the country and abroad;
8. The said clause only enlists the functions to be carried out by the Higher Education Commission.
No rules or regulations are available for simple verification of degree obtained from aUniversity registered/recognized by respondent No.1 accepts the form for attestation of Degree/Transcripts/Diplomas. Column No.V of the form states as under:-- V. DOCUMENTS REQUIRED (PLEASE ENSURE THAT THEFOLLOWING DOCUMENTS HAVE BEEN ATTACHED WITH THE APPLICATION FORM)
(1) Receipt of payment of Attestation Fee.
(2) Original certificates/degrees from Matric onwards along with transcripts of degrees.
(3) In case of '0' and 'A' level certificates, Equivalence Certificate from IBCC is required.
(4) Photocopies of certificates and degrees from Matric onwards along with transcripts are required (for HEC record).
(5) "Equivalence of HEC" in case of Bachelor or Master Degree, etc. From abroad.
(6) Copy of Computerized National Identity Card.
(7) In case a degree has not been issued, the Detailed Marks Certificate/transcript can beattested provided;
(a) Verification letter from the Controller of Examinations of the concerned university is attached.
(b) After 3 years, degree will be mandatory and only transcript will not be attested on verification alone.
(8) For attestation of "Shahadatul Almiya fil uloomm al Arabia wal Islamia" please enter particulars of Middle, Aama, Khasa and attach equivalence of HEC.
(9) For attestation of "Equivalence letter" issued by HEC, attach original Equivalence letter along with attested copies of all documents.
(10) For the attestation of "CPSP Fellowship/Membership" certificate get it verified from the controller of examinations of CPSP before submitting to HEC.
(11) In case applicaiion is being submitted by Authorized Person the following documents are required:
(a) Authority letter duly attested by a Grade 18 or above officer for the authorized person.
(b) Copy of the Computerized Identity Card of the Authorized person.
9. The perusal of the above terms clearly reveals that nowhere the Higher Education Commission has mentioned anything regarding a certificate of completion as obtained by the petitioner.
Moreover, nowhere requirement regarding American System is mentioned in the said form. The form only deals with British System 0 + A levels. Further the bare reading of Clause 3 reveals that in case of attestation of '0' or 'A' level certificates equivalence certificates from IBCC will be required.
In the case in hand the degree which is required attestation is issued by a University duly recognized/registered with respondent No. 1. Further the attestation is required for getting employment and not for further education. The perusal of clause 5 of Column V also reveals that "equivalence of Higher Education Commission" will be required if a candidate wants to get attestation of any Bachelor or Matric Degree obtained from abroad.
10. The learned counsel for respondent No.1 failed to produce any law, rules, regulations regarding verification of Degree/transcripts/Diplomas except the judgment of Hon'ble Supreme Court of Pakistan reported as Miss Mobeen Sheikh and others v. The Federation of Pakistan and others (1998 SCM R 2701). The perusal of said judgment reveals that all the case referred in the said judgment related to the admission of the candidates in different colleges and the equivalence certificate obtained by the candidates and therefore, not relevant or applicable to the case in hand.
11. In absence of any law, rules, regulations with regard to verification of Degrees/Transcripts/Diplomas as well as the stand taken by respondent No.2, the present writ petition is allowed. The respondents are directed to verify whether the degree presented by the petitioner is issued by Lahore, School of Economics or not and if the degree is issued by the Lahore School of Economics then respondent No.1 is bound to attest the same. This exercise be done within a period of three days from the date of receipt of certified copy of this order.