This Judgment shall decide the titled and connected Writ Petitions No. 2548/2020, 2595/2020 and 6256/2021 since common questions of law and facts are involved therein.
2. The brief facts of the case are that the Petitioners were admitted in University of Sargodha (the "University") in different B.Sc. Programs including Mechanical Engineering after fulfillment of requisite requirements for admission in the year 2015. It is contended that the Mechanical Engineering Program (the "Program") at the relevant time was offered on the basis of semester system as stipulated in the prospectus. The Petitioners participated in the examination and successfully completed the Program. Later, the students were not awarded degrees against the Program on the premises that the Petitioners have to appear and pass the comprehensive examination. In this background, it was submitted that the condition imposed upon the students to compulsorily pass the comprehensive examination in order to successfully complete the B.Sc.
Program is unlawful for the reasons that the condition was not disclosed at the time of admission; the condition is arbitrary and capricious; and exposes the students to an extraneous condition failing which their educational career may be ruined.
3. Report and parawise comments filed by the Respondent University reveal that the University is a public sector University existing under the administrative domain of Higher Education Department of Government of Punjab. Column No. 4 of the First Schedule of the Punjab Government Rules of Business, 2011 confers the status of an autonomous body to the University which, was established under the University of Sargodha Ordinance, 2002 (the "Ordinance"). As such, the University Alas the lawful authority to formulate its policies and regulations regarding admission of students in the University and conditions under which they are admitted or allowed to undergo the courses and examinations and become eligible for the award of degrees, diplomas and certificates. The Academic Council of the University under Section 23 of the Ordinance is empowered, inter alia, to prescribe standards of instruction, research, publication and examination in order to promote and prescribe higher standard of education in the affiliated colleges. The Academic Council of the University in its meeting held on 10.07.2014 directed the Deans Committee to formulate the regulations for the conduct of comprehensive examinations. The draft regulations were approved by the competent authority and notified vide notification dated 09.12.2014 (the "Notification"). The Notification was duly served upon the Principals of all the affiliated colleges of the University and has also been approved by the Syndicate of the University. The format of the comprehensive examination is in the form and substance of a written paper comprising of one hundred MCQs taken from five core courses related to Major Area of the degree. The comprehensive examination, however, has to be cleared and passed by obtaining at least fifty marks in maximum three attempts. Core courses have been prescribed for each discipline.
4. The University has lawful authority to promulgate regulations for the conduct of comprehensive examinations of the students. In addition, the prospectus of 'the affiliated institutes also explicitly states that all regulations and rules of the University regarding code 'of honor and academics shall be applicable. This Court was informed that previously comprehensive examinations of students of the affiliated institutes including Pakistan Institute of Engineering & Technology, Multan were duly held in August/September, 2017, May, 2018 and February, 2020. Hence, the assertion that the Petitioners have been taken by surprise regarding this requirement has no legal basis. Further, the Notification is not being implemented with retrospective effect as the Petitioners took admission in their respective courses (2015-2019 session). It was also asserted that this petition has become infructuous as the impugned comprehensive examination 2020 has already taken place.
5. The requirement of taking comprehensive examination is within the domain and ambit of the University. Mere prescribing of an examination does not prejudice the rights of the students. In fact, the impart of education is the primary objective of any educational institution and during the course of Program, different requirements are prescribed, applied and tested amongst the students to further and advance the purpose and objective of imparting education. No student should shy away from appearing in any examination which is indiscriminately prescribed by an educational institution. No student has any vested right to claim immunity from any such examination. The prospectus only prescribes the basic features of an educational institution and the programs offered by such institution. It does not contain minute details regarding trivial educational requirements which evolve during the Program and can subsequently be altered after following due process of law as the circumstances may warrant. In the instant case, the comprehensive examinations were notified way back in 2014. Even the, prospectus clearly spells out that the curriculum is subject to the final approval of the University. The prospectus also clearly states that all rules and regulations of the University including code of honor and academics shall be applicable and adopted by all the affiliated institutions and Pakistan Institute of Engineering & technology, Multan is of no exception. Moreover, the comprehensive examinations are being regularly conducted.
6. The Supreme Court of Pakistan in recent times increasingly emphasized that the Courts should not interfere in the matters of admission and examination in educational institutions as the concerned educational authorities are the sole judges of the criteria laid down in the prospectus.
Interference by the Court in such matters creates difficulties for the institutions to run its affairs in an appropriate manner according to their rules and regulations. Recently, in case titled "Khyber Medical University and others vs. Aim/ Khan and others" (PLD 2022 Suprem e Court 92), it was held that the Court should sparingly interfere in the internal governance and affairs of educational institutions. The University authorities, who possess technical expertise and experience and are aware of day to day affairs, should be allowed to run such institutions as unnecessary interference would lead to disruption in the smooth educational activities carried on by the University. It is not the constitutional mandate of the Courts to run and manage public or private institutions or to micro-manage them or to interfere in their policy and internal administrative matters.
7. In view of the above, there is no merit in the instant constitutional Petition and the same is dismissed, accordingly.