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2021 IHC 250

Muhammad Afan vs International Islamic University Islamabad, etc

Citation2021 IHC 250
CourtIslamabad High Court
Case No.W.P. No. 1941-2021
Date2021-07-06
Judge(s)Athar Minallah
ResultAccordingly dismissed

ORDER

Athar Minallah, C.J. The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 ( hereinafter referred to as the 'Constitution' ) seeking the following prayer .- "Under the above said circumstances, it is most humbly prayed that the instant writ petition may please be accepted, inaction at the part of the respondents may kindly be declared illegal, unlawful and without lawful authority and respondents may please be directed to allow the petitioner to complete his BS Electronics Engineering Degree by studying his remaining 10 subjects under Registration No.1883-FET/BSEE/F-12 as has been allowed to his other batch-mates, in the best interest of justice.

Any other relief with cost which this honourable Court deems fit and appropriate may also be granted."

2. The facts, in brief, are that the petitioner was enrolled as a student in the "BS Electrical Engineering Degree" course in 2012. The petitioner could not complete his degree. However, he sought readmission in the same course in 2020. The petitioner, at the moment, is a student of "BS Electrical Engineering Degree" course pursuant to his readmission by the respondent University. It is the case of the petitioner that he ought to be treated like other students who were granted exemption by the respondent University. In essence the petitioner is seeking a direction to the respondent University to allow him to complete the course in which he was enrolled earlier.

3. The learned counsel for the petitioner has contended that the latter has been treated differently while other students were extended the same benefit.

4. The learned counsel for the respondent University on the other hand has argued that the petitioner could not complete his course and, therefore, he had sought readmission in "BS Electrical Engineering Degree" course, 2020. He has further contended that the other students referred to by the learned counsel for the petitioner had not sought readmission and, therefore, their cases are distinguishable.

5. The learned counsels have been heard and the record perused with their able assistance.

6. The academic courses of the respondent University are governed under the Regulations for Academic Programmes of the International Islamic University Islamabad, Pakistan. Regulation 3 of the said Regulations prescribes the terms and conditions for completing the course. The petitioner could not complete his course and, therefore, had sought readmission in "BS Electrical Engineering Degree" course, 2020. The learned counsel for the petitioner, despite his able assistance, could not point out any provision in the Regulations which would entitle the petitioner to claim a right as has been sought in the petition in hand. It is settled law that courts do not interfere in academic matters. Reliance is placed on the cases titled "The University of Dacca vs. Zakir Ahmed" [PLD 1965 SC 90] and "Ahmed vs. Vice Chancellor, University of Engineering and Technology"

[PLD 1981 SC 464], "Government College University, Lahore through Vice-Chancellor and others vs. Syeda Fiza Abbas and another" [2015 SCMR 445] "University of Health Science, Lahore through Vice- Chancellor and others versus Arslan Ali and another" [2016 SCMR 134], "Government College University, Lahore through Vice-Chancellor and others versus Syeda Fiza Abbas and another" [2015 SCMR 445].

Even otherwise, the Regulations of the respondent University regulate the acad emic matters and no provision therein could be brought to the attention of this Court so as to justify grant of relief sought in the petition.

7. For the above reasons, this petition is without merit and, therefore, accordingly dismissed.

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