SAYYED MAZAHAR ALI AKBAR NAQVI, J. Through this constitutional petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, following prayer has been made:- "...... In view of the grounds advanced and authorities cited, it is most humbly prayed that this honourable court may kindly please to direct Respondents Nos.2 and 3 to issue roll number slips/Registration cards to the petitioners with the object to save the future of the student petitioners.
It is further prayed that a direction be given to Respondents Nos.2 and 3 after issuing the roll number slips, let the petitioners be appeared in examination of DAE for the exam to be held on 13th of June 2019 and also till the final completion of the academic session i.e. 2018-2022. More so, it may also kindly be directed that no excess fee except from examination fee already collected by the respondent No.2 well within time from the petitioners may kindly be charged.
Any other relief deems fit by this honourable court may also kindly be granted.
2. At the very outset, it has been contended by learned counsel for the petitioners that the petitioners are students of Allama Iqbal College of Engineering and Technology , Lahore enrolled in the four years B.Sc. Engineering and Technology program commencing from the academic year 2018-2019 and the respondent No.1 is the registration authority of Government of the Punjab acting under the Punjab Private Educa tion Institution (Promotion and Regulation) Ordinance, 1984. Further contends that the petitioners got admission in Allama Iqbal College of Engineering and Technology , Lahore which is an affiliated college and paid all the requisite academic fee for the year 2018-2019. Further contends that the petitioners had attended all the classe s regularly , however , when they approached respondent No.4/Principle, Allama Iqbal College of Engineering and Technology , Lahore for issuance of roll number slips to appear in 1st year examination which is going to comm ence from 13th April, 2019, he lingered on the matter on one pretext to the other and ultimately directed them to approach respondent No.2.
Further contends that despite repeated efforts of the petitioners, the roll number slips have not been issued so far.
Learned counsel further submits that in a similar matter , this Court vide order dated 05.04.2019 passed in Writ Petition No.18897 of 2019 directed Gove rnment College University Faisalabad to conduct special examination in order to secure the future of 77 students. Learned counsel seeks indulgence of the Court in the similar circumstances.
3. On the other hand, learned Law Officer assisted by learned counsel for respondents Nos.1 to 3 submits that the petitioners were enrolled as students with respondent No.4 whose registration has already been cancelled by the respondent No. 1. Further submits that the respondent No.4 applied for extension in registration for DAE Civil, DAE Electrical and DAE Mechanical Technologies on 30th April 2018 and the committee constituted for the purpose, carried out inspection on 11.06.2018 and regretted the registration due to inadequacy of requisite facilities which was conveyed to the respondent No.4 vide letter dated 12.06.2018 and it was also intimated that the respondent No.4 may apply for second/final inspection after re-couping deficiencies within fifteen days and in case of failing to apply for second inspection within stipula ted period, it would tantamount to closer of the subject in this case for all but respondent No.4 did not apply for second inspection within the time frame. Adds that respondent No.4 applied for second inspection vide application dated 30.07.2018 and the inspection team re-visited the premises of respondent No.4 on 16.01.2019 for assessing the availability of pre-requisite infrastructure and the registration of respondent No.4 was regretted due to existence of discrepancies vide letter dated 23.01.2019 and the same was also recommended by respondent No.2 with request to shift the ongoing students to any other nearby registered college. Further contends that respondent No.4 Allama Iqbal College of Engineeri ng and Technology , Lahore also filed Writ Petition No.31670/2019 which stands dismissed vide order dated 17.06.2 019, hence, the petition in hand being meritless also deserves to be dismissed.
4. Learned counsel for respondent No.4 submits that Allama Iqbal College of Engineering and Technology was established in the year 2009 after fulfilling all the requirements of the Authority regarding infrastructure i.e. equipment lab, tools, and material of training required for a Technical College. Further contends that registration was granted/ extended from time to time and finally till 2018 while on 11.06.2018, an inspection team visited the college for assessing the availability of pre-requisites for renewal of registration and indicated discrepancies and provided an opportunity for second inspection upon payment of requisite fee. Further contends that in the meanwhile, in the month of August, new admissions for first year were completed and all the record was sent to respondents Nos. 1 to 3 as it was necessary for the process of registration of the students and registration fee of all the students was also paid till December , 2018 before the second visit. Further contends that on 16.01.2019, the inspection team made a surprise visit at Allama Iqbal College of Engineering and Technology , Lahore in violation of the rules prescribed by TEVT A as no notice was issued, being mandatory in nature and even on that date, Principal of the College was on leave due to his ailment and all the keys of the laboratories and other expensive equipment were with him and the college attendant was unable to open them before the inspection team. Adds that respondent college requested for re-visit vide letter dated 18.01.2019 but on 30.01 .2019, a letter dated 23.01.2019 was received whereby it was informed that the affiliation granted to the institution was withdrawn and the respondent college was de-af filiated in pursuance of visit dated 16.01.2019.
5. Arguments heard and record available on file perused.
6. Perusal of the record reveals that Allama Iqbal College of Technology , Lahore was registered for three years w.e.f. 01.07.2010 to 30.06.2013 vide registration certificate No.161 dated 04.03.201 1 and for further three years w.e.f. 01.07.2013 to 30.06.2016 vide registration certificate No.454 dated 08.05.20 13 and lastly for two years w.e.f.
01.07.2016 to 30.06.2018 vide registration certificate No. 1235 dated 27.07.2017 by respondent No.1/T echnical Education and Vocational Training Authority (TEVT A), Government of the Punjab, Academics Department Registration Section. For renewal of registration of Allama Iqbal College of Technology , 1-Syed Mouj Darya Road, Jain Mandar Chowk, Lahore, for the year 2018-2019, the inspection team of TEVT A (respondent No.1) visited the institute on 11.06.2018 for assessing/ verifying the availability of prerequisites available for the implementation of courses of DAE Civil Technology , DAE Electrical Technology and DAE Mechanical Technology and vide letter dated 12th June, 2018 the registration of the institute for DAE Civil, DAE Electrical and DAE Mechanical Technologies was regretted due to inadequacy of requisite facilities and it was intimated that in case the institution desires second inspection, the institute is required to fulfill all the infrastructure requirements for the implementation of planned courses and deposit the second inspection fee (Rs.10000) in the designated bank and apply within fifteen days of receipt of letter and failure to apply for second inspection within the stipulated period, the institution will result in closure of its case file. The respondent No.4/ Allama Iqbal College of Engineering and Technology , Lahore vide application dated 30.07.2018 applied for renewal of registration in case of second inspection which was carried out on 16.01.2019 after communicating the same on official E-mail provided by the institute, for assessing/ verifying the availability of pre-requisite infrastructure necessary for the implementation of courses at the institute but the inspection team found all the labs locked and the registration of the colleg e was finally de-af filiated for the academic session 2018-19. It has been noticed that previously Allama Iqbal Colleg e of Technology was registered for two years from 01.07.2016 to 30.06.2018 for the courses of DAE (Electrical Technology , Civil Technology and Mechanical Technology) but for the renewal of registration for the year 2018-2019, after the first inspection on 11.06.2018, vide letter dated 12.06.2018 the registration of the institute for DAE Civil, DAE Electrical and DAE Mechanical Technologies was already regretted due to inadequacy of requisite facilities and despite of the fact that the competent authority had discontinued registration of the Allama Iqbal College of Technology , Lahore, the said institute granted admission to the petitioners in three disciples i.e. DAE Civil, DAE Electrical and DAE Mechanical Technologies without any legal justification. It has also been noticed that respondent No.1 vide letter dated 12.06.2018 intimated Allama Iqbal College of Technology , Lahore that the institute may apply for second/final inspection after recouping deficiencies within fifteen days but no such application for second inspection was ever made within stipulated period, as such, practically respondent No.4/Allama Iqbal College of Technology , Lahore played a foul game with the petitioners which resulted into causing a prejudice to the petitioners' right. It is also noticed that on application of respondent No.4/ Allama Iqbal College for Technolog y, Lahore dated 30.07.2018, for second inspection, the inspection team of respondent No.1 revisited the institute on 16.01.2019 but the labs were locked and technical experts of inspection committee who were called and gathered from various colleges of TEVT A had to return back without inspection along with convener and coordinator of respondent No. 1/TEVT A.
Respondent No.1 through letter dated 23.1.2019 also communicated respondent No. 2/Punjab Board of Technical Education with the request to shift the ongoing students to any other nearby registered college. So far as the contention of the learned counsel for the petitioners that this. Court had already directed Government College University , Faisalabad to conduct special examination to secure the future of 77 students vide order dated 05.04.2019 in Writ Petition No. 18897 of 2019 is concerned, in this regard it is noteworthy that in the said case, the admission forms of the said students indicated that admission was made in the month of August 2018 whereas the de-af filiation letter was issued to the said college on 02.10.2018 after their admission. In this case, the affiliation of Allama Iqbal College of Technology , Lahore was regretted on 12.06.2018 where as the petitioners were granted admission by respondent No.4/Allama Iqbal College of Technology , Lahore in the month of August 2018 after de- affiliation, hence, the case of petitioners is distinguishable and in all eventualities it is a case which is argued on the premises which are totally devoid of any legal or moral justification.
7. For the foregoing reasons, the petition in hand being patently devoid of any force is hereby dismissed .
8. Before parting with the order , it has been made abundantly clear that certain quarters are involved in plundering with the public at large under the garb of imparting education. Although they are in fact black spot on the face of civilized society , hence, keeping in view the facts and circumstances narrated above, the case in hand clearly falls within the ambit of section 9(a)(ix) of the National Accountability Ordinance, 1999, which reads as follows:-
9. Corruption and corrupt practices: (a) A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices:- (i)...
(ii)...
(iii)...
(iv)...
(v)...
(vi)...
(vii)...
(viii)...
"(ix). If he commits the offence of cheating as defined in section 415 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and thereby dishonestly induces members of the public at large to deliver any property including money or valuable security to any person; or"
As the case in hand is fully covered under section 9(a)(ix) of the National Accountability Ordinance, 1999, therefore, Director General, National Accountability Bureau, Lahore is directed to investigate the matter at length while associating the previous, present regime of TEVT A and other quarters includ ing college administration while inquiring into whether pre-requisites for the registration were fulfilled I prior to establishment of the institution and the education was imparted B in accordance with law and if there was any shortcoming prior to its establishment, NAB authorities are directed to proceed strictly in accordance with law. They are further directed to associate the administration of the institution and also investigate them at length as they have plundered with the public at large especially petitioners at the cost of one year to their precious life span whose careers are at stake and they have lost one year of precious time at the cost of foul play by the administration of Allama Iqbal College of Engineering and Technology , Lahore. Office is directed to send copy of this order to Director General, National Accountability Bureau, Lahore for compliance in letter and spirit.