' This is an application by two candidates praying that the change made in the admission system by the Vice Chancellor to be followed by the Principal (respondent No, 1) be declared to be without lawful authority and of no legal effect.
2. The petitioners having passed their diplomas examination in the Ist Division from Government College of Technology, applied for admission to B. Tech. (Pass) degree course in the Government College of Technology, Rasool, in pursuance to an advertisement made on 6th February, 1981. The admission system as advertised had been approved by the Federal Government on 26th October, 1973, in a meeting of Directors, Principals etc., and communicated to all the Governors. It later formed part of the College Prospectus. It laid down the following basis :- ' Admission to the B. Tech. (Pass) course shall be subject to the candidates fulfilling the following minimum requirements
(i) Three years diploma froma polytechnic institute in First Division.
(ii) Two years, industrial training/experience. Candidates without industrial experience shall be required to undergo one year Supervised/guided practical training in industry to be arranged by the institution concerned.
(iii) Performance in the admission test."
3. During June, 1980, the Principal Government College of Technology, Multan admitted 20 students and sent to the University of Engineering and Technology, Lahore (hereinafter called the University) their names for registration to the B. Tech. (Pass) course in Chemical Technology. The University granted registration to only two of them who were first divisioners. A reference was made for others who were second divisioners to the Principal, Government College of Technology, Multan. He in his reply took up the plea that as first divisioners were not available he admitted second divisioners with the consent of Director Technical Education, to avoid waste of heavy expenditure in the college. The University did not accept the explanation and rejected registration of the remaining 18 students. The Director Technical Education then took the same matter with the Vice Chancellor on 6th October, 1980. He requested that where the required number of 1st divisioners were not available general relaxation be allowed to admit others instead.
4. The Education Department of the Punjab Government on 26th October, 1980, also took up the same matter with the Vice Chancellor to support the plea of the Director. It was suggested that as the admission was based on a test, the pre-requisite that the candidates must be first divisioners was irrelevant and that second divisioners be also allowed to compete. It was, therefore, recommended that regulation 4(1) of the B. Tech. (Pass) course be amended. The Vice Chancellor however, did not agree. Consequently, the matter was never referred to the Academic Council which is the body competent to consider and frame regulations in such matters for the sanction of the Syndicate.
5. The refusal on the part of the Vice Chancellor to accept the above request and to ignore the relevant regulation, did neither satisfy the interested quarters nor discouraged them. Further, strength thus, seems to have been mustered through representations of concerned persons and the press to reopen and consider the matter again. Consequently, the Director Technical Education made another reference dated 20th January, 1981. The Secretary Education had also pleaded the same cause vide his D.
0. Letter addressed to the Vice Chancellor, on 17th January, 1981. After all these moves, the Chairman. Chemical Engineering Department, suggested that the matter, be considered by the Board of Studies of Government College, Multan.
6. The Vice Chancellor, however, decided that a meeting of the members of the Affiliation Committee be convened. This Committee included the Director of Tech. Education and the Deans of Faculties etc. This Committee met under the Chairmanship of the Vice Chancellor on 17th February, 1981 and recommended that the requirements of first divisioners and admission test were dropped. A further provision was made that 'Admission will be made strictly in order of merit, on the basis of the percentage of marks obtained, in the Diploma Examination of the Board of Techincal Education, in the relevant field of Technology.'
7. It was decided that these changes had to be effected from the academic session 1980-81. The action of the Principal Techincal College to admit second divisioners was deprecated but all the same condoned. The Vice Chancellor then on 7th March, 1981, notified the above decision under section 14(3) of the Act of 1974, treating it a matter of emergency. He then allegedly sent his decision to the Academic Council for its formal approval.
8. It is contended by the learned counsel for the University that the facts given above do go to show that there was an emergency and the same was taken care of by the Vice Chancellor under section 14 (3) of the University of Engineering and Technology Act, 1974. The correct legal position, however, is that it is the Academic Council which under section 26 (2) (c) can deal with such situation. The recommendation of the Academic Council is to be then sent to the Syndicate for approval under section 30 before it can be operative and effective.
9. It will be useful to put down a few dates for appreciating the matter in a better way {{TABLE}} #TBS June, 1980.
28th July, 1980. 6th October, 1980. 26th October, 1980.
17th January, 1981.
20th January, 1981.
17th February, 1981 7th March, 1981 #TBE first reference by the Principal Multan. Second reference. Reference by the Director Tech. Education.
Reference by the Education Department of the Punjab Government.
Refusal of the Vice Chancellor. Reference by the Secretary Education. second reference by the Director Tech. Education. Meeting of the Affiliation Committee to recommend changes. Vice Chancellor approved the changes under section 14(3) of the University Act.
13th April, 1981 Applications invited for admission.
30th April, 1981. Last date for applications.
10. The facts given above do go to show that the entire effort pertained to the registration in the University of 18 second divisioners by the Principal, Technical College, Multan, in the year 1980. There was no complaint for 1981 from any quarter. Again the matter lay in the exclusive jurisdiction of the Academic Council which was in existence till 26th September, 1980. It was re-elected in Deccmber, 1980, but the matter was never referred to it though both the reference and the last decision were made while it was functioning. What happened in the absence of the Academic Council was only that the two references by the Director of Technical Education and the Education Department were made. The Annexure 'II' to the reply, from which 1 have taken facts, as given in paras. 3 to 7 above, also shows that neither the Vice Chancellor nor any other person was conscious of the fact that it was the Academic Council and not the Affiliation Committee or the Board of Studies which could amend the relevant regulations.
11. Thus neither was the Affiliation Committee competent to decide the matter nor was there any emergency so that the Vice Chancellor could draw on section 14(3). The references concerned only the already admitted second divisioners of Multan in one particular year. The difficulty or problem was neither general nor did it concern all the Colleges. Further, from June, 1980 to March, 1981 there was sufficient time to refer the matter to the Academic Council which has the exclusive authority to deal with it before it is placed before the Syndicate for approval. Again the order of the Vice Chancellor was not incorporated in the College Prospectus for the year.
12. The prespectus of the College rather had the criteria as was based on the decision of the Federal Government taken for all the Technical Colleges of Pakistan in order to maintain uniformity.
This subject is at item 38 of the concurrent Legislative List of the fourth Schedule to the Art. 70(6) of 1973 Constitution. According to Art. 143 the central law has to prevail. Undoubtedly, the contents of Annexure 'A' are not a part of law but still it must have preference on other executive decisions. It may also be noted here that Writ Petition does not deal with the Multan College with regard to which difficulty arose and for which a decision was needed.
In view of the above, the impugned decision of the Vice Chancellor is declared to be without lawful authority and of no legal effect. As this petition has been filed only about Rasool College the decision shall apply to it only, as prayed for by the learned counsel for the University. There will be no order as to costs.