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1984 MLD 191

Syedzada AKBER JALIL vs VICE-CHANCELLOR, N.E.D. UNIVERSITY OF

Citation1984 MLD 191
CourtSindh High Court
Judge(s)Nasir Aslam Zahid, Syed Haider Ali Pirzada
ResultPetition dismissed

' NASIR ASLAM Z A H ID , J. --The petitioners, after passing Intermediate Science examination in Second Division, applied for admission to the N.E.D University of Engineering and Technology, Karachi against seats reserved under the sports category that is category 10.2.8 of the prospectus of the N.E.D University for the year 1983-84. Under Category 10.2.8, 12 seats were reserved for outstanding sportsmen on all Sind basis for the academic year 1983-84. The last date for submission of applications for admission was 25-6-83. The application form was filled up by the petitioner and it was submitted to the University authorities within time but photo stat copies of the achievement certificates in his sport i.e., hockey, were not attached with the application form which are required to be enclosed with the application form as per rule 15(d) of the prospectus.

Mr.Rehan.ul Hasan Farooqui, learned counsel for the University has placed before us the origial application form submitted by the petitioner which also has the counterfoil of the receipt issued to the petitioner in respect of the form submitted by him and it shows that along with the application form the following documents were submitted by the petitioner:-

(i) P. R . C .............................................................................. original

(ii) Domicile ............................................................. photostate copy

(iii) S.S.C.Certificate. Photostat copy

(iv) H.S.C.Marks sheet... Photostat copy

(v) Recent photograph.. (Three copies)

(vi) Pay in slip for Rs,10.

' No documents apart from these documents were attached with the application form. The record shows that photo stat copies of achievement certificates were not filed. It is the case of the petitioner that after he had submitted the application form he was waiting for a call for interview but the petitioner was not invited for interview. Interviews were finalized by first half of July 1983.

Later on he approached the University Authorities and he came to know that as photo stat copies of the achievement certificates had not been filed he was not called for interview. In August, 1983 he submitted photo stat copies of the achievement certificates. The grievance of the petitioner is that he had not been called for interview and he was not granted admission in the N.E.D University against seats reserved for sportsmen although he comes in a superior category than those students who have been granted admission under category 10.2.8. Being aggrieved by the action of the University Authorities in not calling him for interview and giving him admission, the petitioner has filed this constitutional petition challenging the action of the University Authorities. We have heard Mr. Siddique Mirza, learned counsel for the petitioner, and Mr. Rehanul Hasan Farooqui, Advocate who has appeared on behalf of the official respondents i.e., respondents Nos.1 and 2.

2. The relevant rules in the 1983-84 Prospectus of N.E.D University of Engineering and Technology Karachi are rules 15 and 32. Rule 15 makes provision for special seats against the sports category and provides the basis of selection of the candidate against such category. Rule 32 relates to the mode of application for admission. Sub-rule (i) of rule 32 requires the candidates for admission to complete the application forms in every detail and sub-rule (ii) of rule 32 provides that the requisite documents are to be attached with the application forms, rule 32 (ii)(d) reads as follows:- "Candidates for admission under category 10.2.8 i.e, Outstanding Sportsmen in addition to documents stated in para. 32(ii) above should submit sports testimonials and undertaking as mentioned in para 15(e)."

' Rule 15(d) provides that a candidate making an application for admission to a seat under sports category will enclose attested copies of all certificates of achievement with the application form and that original certificates are to be shown at the time of interview for selection. As found earlier, the original record shows that photo stat copies of the achievement certificates were not filed by the petitioner along with his application form before the last date for submission of application forms. In the circumstances, the application form of the petitioner was not complete according to the rule 32 of the Prospectus for 1983-84 and under sub-rule 3 of rule 32 the application of the petitioner was liable to be summarily rejected. It is submitted by Mr.Rehanul Hasan Farooqui, learned counsel for the University, that the petitioner had not been called for interview as his form was not complete in all respects inasmuch as the attested copies of the documents required to be enclosed with the application form had not been submitted. On the other hand, it is contended by Mr. Siddique Mirza, learned counsel for the petitioner that under rule 15(d) the original achievement certificate were required to be shown at the time of interview and as such failure by the petitioner to submit photo stat copies did not make his application form incomplete and the petitioner should have been called for interview and at the time of interview he would have had the opportunity of showing the original certificates to the Selection Committee. We find no Substance in this contention. The relevant rule required the attested copies of all the achievement certificates to be enclosed with the application form and in the absence of such photo stat copies the application form of the petitioner could not be considered to be complete. In our view if the attested copies were not attached to the application form, the application form being incomplete under rule 32, the application was liable to be rejected summarily and the University Authorities were not obliged to call the petitioner for interview. In our view no illegality has been committed by the University Authorities in not calling the petitioner for interview as the application form of the petitioner was not complete in all respects as required by rule 32 read with rule 15(d) of the Prospectus for 1983-84. We find no substance in this constitutional petition. Constitutional petition No, D-954/83 is, therefore, dismissed but with no order as to costs.

3. Learned counsel for the petitioner states that on the basis of the achievements in the field of sports, that is hockey, the petitioner will be entitled to admission in the N.E.D University for the next year i.e., 1984-85 academic session of the University. If the petitioner applies for admission against one of the sports seats reserved for 1984-85 session and his application form is complete in all respects and is filed in time, we are sure the University Authorities will consider his application for admission in accordance with the applicable rules.

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