UMAR ATA BANDIAL, J.---CONSTITUTION PETITION NO,134 OF 2012 AND CIVIL MISC. APPLICATION NO,1864 OF 2010 IN CONSTITUTION PETITION NO,9 OF 2005. The Rule of law in our country is a bedrock of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution"). The Judicature has a Constitutional duty to enforce the Rule of law to safeguard the Constitution. In our legal system the Courts perform dispute resolution in accordance with the Constitution and the substantive and procedural law laid down thereunder. The system flourishes by positive and productive cooperation between the Bar and the Bench for the ascertainment of the truth and decision of controversies according to the relevant and applicable law. An independent, competent, honest and industrious Judicature requires an equally independent, dynamic, honest and dedicated Bar in order to effectively provide justice in accordance with law to all members of the society.
2. Over the years, the legal profession has attracted more and more people as a career of choice.
This has led to a growing demand for institutions imparting legal education to train lawyers for the Bar and the Judiciary. Notwithstanding that the standards of proficiency for entry to the Bar since the last 45 years is regulated by Legal Practitioners and Bar Councils Act, 1973 ("Act"), careful monitoring, supervision and enforcement of such standards has been lacking due to complacency and neglect. It was in these circumstances that this Court considered the matter of declining standards of legal education in Pakistan Bar Council v. The Federal Government and others (PLD 2007 SC 394) ("PBC Judgment") and delivered a momentous judgment mandating sound professional training and skill in both academic and vocational disciplines to be essential attributes for ensuring good advocacy. In this behalf, it was identified that the Pakistan Bar Council ("PBC") established under the Act and the Higher Education Commission of Pakistan ("HECP") established under the Higher Education Commission Ordinance, 2002 are the key regulators to supervise and enforce professional standards in legal education.
3. Pursuant to the views expressed in the PBC Judgment and based upon its own deliberations, the PBC framed the Pakistan Bar Council Legal Education Rules, 2015 ("Rules"). These Rules lay down detailed provisions on several matters concerning legal education in particular, criteria for recognition of degree awarding institutions and for affiliation of law colleges thereto. It may be observed that the Rules were framed during the proceedings for the implementation of the aforementioned PBC Judgment of this Court. The Rules lay down, inter alia, the eligibility for admission to LL.B programme, inspection of law faculties and departments of law colleges for establishing their qualifying status as affiliates of recognized degree awarding university or their disaffiliation for failing to comply with the Rules. It is in the said backdrop that by order dated 21.01.2018 of this Court, the PBC constituted a Special Committee for Structural Reforms in Legal Education. Four Provincial commissions and one for Islamabad Capital Territory ("ICT") were formed for this purpose by the Court. Their task was to inspect affiliated law colleges that have mushroomed in the market and to report on the standard of legal education, training and services imparted by them. Based on the findings of these inspections, the Special Committee of the PBC has submitted recommendations to the Court. These recommendations were examined, deliberated, considered by the Court during the proceedings held at the Branch Registry at Lahore on 20.08.2018 and 24.08.2018 and at the Principal Seat on 28.08.2018. The recommendations are well thought out and have been approved by this Court with minor modifications.
4. For the reasons to be recorded later CONSTITUTION PETITION NO, 134 OF 2012 AND CIVIL MISC.
APPLICATION NO,1864 OF 2010 IN CONSTITUTION PETITION NO,9 OF 2005 stands disposed of and the following declarations and directions are issued in light of the recommendations submitted by the Special Committee of PBC: Court's declarations and directions:
1. Restoration of Bar Entrance Examination [Law Graduate Assessment Test (LAW-GAT)].
A Law Graduate Assessm ent Test (LAW-GAT) of law graduates seeking enrollment to the Bar shall be held on quarterly basis by HECP as the executing institution throughout Pakistan based on a question bank prepared for the Assessment Test.
2. Test for Entry to Law College (Law Admission Test) (LAT).
A law admission test for all law colleges in Pakistan shall be held biannually by the HECP. The outline of such a law admission test is given below: "LAW ADMISSION TEST (LAT)
Division of QuestionsMarks Nature of Questions Essay (either in English or Urdu)15 200 words maximum Personal Statement (either in English or Urdu)c10 200 words maximum MCQs: MCQs: English 20 Synonyms/ Antonyms/ Prepositions MCQs: General Knowledge20 MCQs: Islamic Studies10 MCQs: Pak Studies10 MCQs: Urdu 10 Vocabulary MCQs: Math 05 Basic Math Total Marks 100
3. Specification of Affiliating Universities and their territorial jurisdiction.
The following universities are recognized and authorised by the PBC under the Rules to be law degree awarding institutions. The territorial jurisdiction of each such university is indicated against its name: Sr. No Affiliating UniversityArea of Jurisdiction 1 University of BalochistanWhole of the Province 2 University of PeshawarDistricts and Civil Divisions of Peshawar, Malakand and Mardan.
3 Gomal University, D.I.KDistricts and Civil Divisions of D.I. Khan, Bannu and Kohat.
4 University of Hazara, MansehraAll the District of Hazara Division, 5 University of the Punjab, LahoreDistricts and Civil Divisions of Lahore, Gujranwala, Sargodha, Faisalabad, Sahiwal and Rawalpindi.
6 Bahauddin Zakriya University, MultanDistrict and Civil Divisions of Multan and Dera Mai Khan, 7 Islamia University, BahawalpurAll Districtsof Bahawalpur Division.
8 Karachi University All Districts and Civil Division of Karachi.
9 University of Sindh, HyderabadAll Districts & Civil Divisions of Hyderabad, Mirpur Khas and Shaheed Benazirabad, 10 Shah Abdul Latif University, KhairpurDistricts and Civil Divisions of Sukkur and Larkana.
11 Quaid-e-Azam University, Islamabad.Islamabad Capital Territory.
4. Ban against conducting LL.M and Ph.D. in law classes by the Universities / Colleges / institutions that are not allowed to hold LL.B. classes.
The universities and institutions that are not recognized and authorized by the PBC to confer LL.B degree shall not impart legal education to students at LL.M and Ph.D levels or to admit students to either of such programmes. The same rule applies to law colleges affiliated to such universities and institutions.
5. Limit on admission to LL.M. and Ph.D. programmes in law and ban on mushroom admissions to these programmes as per criteria of HECP.
Admission to LL.M. and Ph.D. programmes by an authorised law college/university/institution shall be granted on the criteria laid down by HECP, including, the ceiling on the number of students fixed for admission to such programmes.
6. Designing of Curriculum for five year LL.B. Programme annual and semester.
The HECP National Curriculum Review Committee along with the representative of the PBC sub- committee shall finalize the Curriculum for five years LL.B programme to be run on the basis of an annual or semester system of examinations. The salient aspects of such Curriculum shall be stated in the detailed reasons.
7. Qualification of faculty (permanent and visiting) at law colleges.
The university/Degree Awarding institution/law college imparting legal education at the level of LL.B programme shall hire law faculty members/teachers as under;
(i) The Dean Law Faculty/Head of Law Department/Principal of law college shall be Ph.D. in law with 8 years law teaching experience/practice experience in High Court or Masters Degree in Law with 15 years law teaching experience/practice experience in High Court or a retired Judge of the Supreme Court or a High Court or a retired District and Sessions. Judge having 5 years of judicial service to his credit;
(ii) At least five permanent/whole time faculty members/teachers having a Masters degree in law with 5 years law teaching experience/practice experience in High Court or having a Bachelors degree in law with 10 years law teaching experience/practice experience in High Court; and
(iii) There shall be at least five part time/visiting faculty members/teachers having 5 years standing as Advocates of High Court.
(ii) The above standard ratio of permanent and visiting faculty shall be followed to meet the needs of upto 100 students. Additional students shall be catered by increasing faculty strength according to the said ratio.
8. Affiliating Universities to constitute separate Affiliating Committees for law colleges within their territorial jurisdiction.
Every affiliating university shall constitute a separate Affiliating Committee for initial and annual inspection of its affiliate law colleges and to take immediate action against those affiliate law colleges which are non-compliant with the rules framed by the PBC and the applicable rules of the affiliating university itself.
9. Ban on admission to 3 year LL.B. programme.
A five years LL.B. programme shall be introduced in September, 2019. The current three years LL.B. programme shall be phased out and law colleges throughout Pakistan shall not admit students to their three years LL.B. programme after 31 December 2018.
10. Ban against holding of evening classes Colleges/Universities.
There shall be a complete ban on evening classes being offered at all law colleges/universities across Pakistan.
11. Introduction of Special Equivalence Examination for Law Graduates of foreign universities (by HECP).
No law graduate from any foreign university recognized by the Punjab Bar Council shall be allowed to take the Law Graduate Assessment Test (LAW-GAT) unless he of she passes a Special Equivalence Examination for law graduates of foreign universities which shall be held periodically by HECP in the following five subjects: 1) Constitution of Pakistan 2) Civil Procedure Code 3) Criminal Procedure Code 4) Qanun-e-Shahadat 5) Specific Relief Act
12. Bar Vocational Course: The Provincial/Islamabad Bar 'Councils may introduce "Two Weeks Bar Vocational Course" during the six months training/pupillage period that a law graduate intending to join the legal profession must undergo for being enrolled as an Advocate for practicing law. The Provincial/Islamabad Bar Councils may, however, consider and decide modalities for introducing the said course through respective Federal/Provincial Judicial Academies.
13. Allocation of Funds in Federal and Provincial Budgets for promotion of legal education: The Federal and Provincial Governments may be canvassed by the PBC and Provincial/ICT Bar Councils for allocation of substantial funds in the annual Federal and Provincial Budgets for promotion of legal education by the PBC.
14. Salary package and paym ent of non-practicing allowance for permanent members law faculties: For securing services of competent and experienced law faculty on a permanent basis, concerned authorities in the Federal and Provincial Governments and the universities and law colleges shall ensure that a reasonable salary package and non-practicing allowance is paid to the qualified law teachers in the respective universities/law colleges. This is necessary for enhancing and maintaining the standard and quality of legal instruction. The HECP being the apex regulatory authority of the recognized and authorised universities shall play a guiding role in the foregoing regard.
15. Assessment/Evaluation of Examination: The HECP shall, in collaboration with universities imparting legal education and the PBC, shall consider the matter of assessm ent/evaluation of the examinations for LL.B classes exhaustively and make recommendations for updating and improving the current system of such examination to make it more relevant, practicable and reflective of the real, talent and potential of candidates,
16. Establishment of autonomous Secretariat/Directorate of Legal Education in the Pakistan Bar Council: For improvement of the standard and quality of legal education in the country, concerted and well planned efforts shall be made to establish a full-fledged and adequately equipped autonomous Secretariat/Directorate of Legal Education in the PBC. For this purpose active and meaningful logistic and financial support of the Federal Government shall be secured by the PBC. The Supreme Court of Pakistan shall for this purpose endeavour to project the need for an autonomous Secretariat/Directorate of Legal, Education,
17. Constitution of Implementation/Monitoring Committee: An Implementation/Monitoring Committee for enforcing the directions given herein shall be constituted by the PBC which shall be chaired by Chairman, HECP or a senior functionary nominated by him.
18. Immediate closing down of unauthorised law college: A university that neither, offers a law programme nor is recognized by the PBC shall not unauthorisedly grant affiliation to any institution pretending to be a law college. Accordingly, the following law colleges shall immediately be closed down for the reason that their affiliating university/Shaheed Benazir Bhutto University, Benazirabad is not recognized or authorised by the PBC to offer a LL.B. programme:
(1) Leons Law College, Shaheed Benazirabad,
(2) Intelligentia Law College, Moro.
(3) Shaheed Benazir Bhutto Law College, Naushahro Feroze.
(4) Ali Law College, Sanghar.
(5) Shah-e-Ali Law College, Tando Adam.
19. Disaffiliation of sub-standard law colleges: The following law colleges affiliated to their corresponding universities having been found below the mark and for being outside the territory of their affiliating university have been recommended by the special Committee of PBC to be disaffiliated:
(a) University of Peshawar:
(1) Abbot Law College, Abbottabad.
(2) Abbott Law College, Mansehra.
(3) Ayub Law College, Hairpur.
(4) Frontier Law College, Peshawar.
(5) Islamia Law College, Peshawar.
(6) Jinnah Law College, Peshawar.
(7) Justice Law College, Abbottabad.
(8) Kohat Law College, Kohat.
(9) Mardan Law College, Mardan.
(10) Muslim Law College, Swat.
(11) Peshawar Law College, Peshawar. .
(12) Quaid-e-Azam Institute of Legal Studies, Nowshera.
(13) Sanni Islamia Law College, Haripur.
(14) Supreme Law College, Peshawar.
(15) Swabi Law College, Swabi.
(b) University of Hazara, Mansehra: COLES-College of Legal and Ethical Studies, Abbottabad,
(e) Gomal University, D,I. Khan:
(1) Danish Kula Law College, Miryan Gate Bann.
(2) Frontier Law College, D.I. Khan.
(3) Institute of Legal and Management Sciences, Islamabad.
(4) Luqman Law College, D.I, Khan.
(d) University of Baluchistan Quetta
(1) Zarghoon Law College, Quetta.
(2) Jhalawan Law College, Khuzdar,
(e) University of Sindh, Hyderabad:
(1) Everest Law College, Hyderabad.
(2) SISTEC, Sukkur.
(f) Shah Abdul Latest University, Khairpur
(1) Al-Falah Law College, Kashmore.
(2) Abdul Wahid Soomro Law College, Kashmore.
(3) Mirza Khan Law College, Panu Aqil.
(4) Mashal Law College, Dahrki, Dahrki.
(5) Bilawal Bhutto Law College, Jaccobabad.
(6) Faiz Muhammad Sehto College, Kandiaro.
(7) Bilawal Bhutto Zardari Law College, Qambhar.
(g) Bahauddin Zakri a University, Multan:
(1) South Punjab Law College, Multan,
(2) Professional Law College, Multan,
(3) Multan Law College, Multan,
(4) Times Institute, Multan,
(5) Muhammadan Law College, Multan,
(6) Central Law College, Multan,
(7) Merit Law College, Multan,
(8) Pakistan Law College, Multan,
(9) Sargodha Toppers Law College, Multan,
(10) Kaims International Law College, Multan,
(11) Ayan Law College, Multan,
(12) Sir Syed Law College, Multan,
(13) Justice Law and Education College, Multan,
(14) International Law College, Multan,
(15) Noor Law College, Multan,
(16) Quaid-e-Azam Law College, Sahiwal,
(17) Montgomery Law College, Sahiwal,
(18) Muhammadan Law College, Sahiwal,
(19) Command Law College, Sahiwal,
(20) Multan Law College, Sahiwal,
(21) Johar Law College, Sahiwal,
(22) Limit Law College, Sahiwal,
(23) Leads Universal Law College, Khanewal,
(24) Progressive Law College, Vehari,
(25) Askari Law College, Burewala,
(26) Justice Law College, Pakpattan,
(27) Pakistan Law College, Pakpattan,
(28) Jinnah Law College, Dera Ghazi Khan,
(29) Multan Law College, Dera Ghazi Khan,
(30) Ghazi Khan Law College, Dera Ghazi Khan,
(31) Indus Law College, Dera Ghazi Khan,
(32) Justice Law and Education College, Muzaffargarh.
(h) University of the Punjab, Lahore:
(1) Capital Law College, 313-A, Murree Road, Rawalpindi,
(2) Muslim Law College, 89-A, Satellite Town, Rawalpindi,
(3) East and West Education System, Department of Legal Studies, House# 18, Street # 60, 11/4, Islamabad.
(4) Islam Law College, Pasrur Road, Sialkot,
(5) The College of Law, G,T, Road, Gujranwala.
(6) Muhammadan Law College, Sharqpur Road, Sheikhupura,
(7) Muhammadan Law College, 3-Km Sargodha Road, Sheikhupura.
(8) The Jurists College of Law Gulberg Town, Opp. Honda Show Room, Lahore Road, Sargodha.
(9) Chenab Law College, Jalalpur Jattan Road, Gujrat.
(10) The College of Law, Kanjrur Road, Narowal.
(11) CIMS School of Law, Lahore,
(12) Leads Law College, Township, Lahore.
(13) PSE Law College, Nain Sukh, Sagian, Lahore,
(14) Farabee Law College, Hafizabad.
(15) Allama Iqbal Law College, Sialkot.
(16) Premier Law College, Gujranwala.
(17) Quaid-e-Azam Law College, Okara.
(18) National Law College, Lahore.
(19) Global Law College, Shandara, Lahore.
(20) Institute of Law, Gulberg, Lahore.
(21) Asian Law College, Gulberg Town, Lahore.
(22) City Law College, Allama Iqbal Road, Lahore.
(23) Lahore Law College, Gulberg, Lahore,
(24) Shams Tabriz Law College, Ferozepur Interchange, Lahore.
(25) The National Institute of Legal Studies, Attock.
(i) Islamia University, Bahawalpur:
(1) Narowal Law College, Narowal,
(2) Heritage International College, Hafizabad
(3) Cambridge Law College, Wazirabad
(4) M.A, Law College, Gujrat
(5) Al-Mizan Institute of Legal Studies, Islamabad
(6) Jinnah Muslim Law College, Islamabad
(7) Cornelius Law College, Sargodha
(8) Zain Law College, Bhakkar
(j) Before disaffiliation of any of the above said colleges is implemented, they shall be issued notice of fault or deficiency by the concerned affiliating university thereby granting them opportunity to be heard and being provided with reasons of the order passed by the concerned university in accordance with its rules of affiliation that are available to law colleges established and functioning within the territorial limits prescribed hereinabove.
20. Accommodation of law students in eventuality of disaffiliation of some law colleges: The adjustment of law students who are affected by the disaffiliation of their law colleges shall be pursued by the concerned affiliating universities which shall be responsible to assure that such students are enabled to pursue their ongoing LL.B programme till completion.
21. Law departments of Universities and law colleges which need improvements in their weak areas within six months: The following law colleges which are run by or affiliated to universities need to overcome weak areas of their LL.B programmes offered by them are given six months for doing so:
(a) University of Balochistan:
(1) City Law College, Quetta;
(2) University of Baluchistan Law College Peshin Campus
(3) School of Law, University of Turbat; and
(4) Law College of University of Balochistan Kharan Campus.
(b) University of Karachi:
(1) Department of Law, University of Karachi.
(2) Government Islamia Law College, Karachi.
(c) Shahzeed Benazir Bhutto, University, Malir-Karachi:
(1) Shaheed Zulfiqar All Bhutto Law College, Malir.
(d) University of Sindh:
(1) Dinah Mehran Institute of Law (SMIL), Jamahoro.
(e) Shah Abdul Lateef University, Khairpur:
(1) Shaheed Zulfiqar All Bhutto, College of Law, Khairpur.
(2) Qazi Mian Ahmed Law College, Moro.
(3) Law College, Ohotki,
(4) SDK Law College, Jaccobabad.
(f) Federal Urdu University, Karachi: The Federal Urdu University having violated Rules and instructions of the Pakistan Bar Council was firstly placed under suspension and then was de-recognized; it is presently nonfunctional. It shall remain suspended till its application for restoration of recognition by the Pakistan Bar Council is decided by the Legal Education Committee of the Pakistan Bar Council. The following campuses have been found lacking:
(1) Department of law, Gulshan Campus.
(2) Department of law, Abdul-Haq Campus
(g) University of the Punjab:
(1) The Best Law College, Rawalpindi.
(2) Rawalpindi Law College, Rawalpindi.
(3) Himat-i-Islam Law College, Lahore.
(4) Superior College of Law, Lahore.
(5) Toppers Law College, Gulberg, Lahore.
(6) Gujrat Law College, Gujrat.
(7) Institute of Legal Studies, Gulberg, Lahore.
(8) Faisalabad College of Law, Faisalabad,
(9) Muhammad All Jinnah Law College, Gujra wale,
22. Sole recourse before the Supreme Court: Any university or affiliated college that is aggrieved by a final order/action taken in pursuance of these directions after exhausting any remedy under the University Rules shall avail as the first judicial remedy, appropriate relief from this Court. Recourse to any other judicial forum without permission of this H Court is barred.
5. All the ancillary Misc. Applications to this matter and listed in, the title of this case also stands disposed of accordingly.