1. ' MUHAMMAD HUSSAIN ADIL KHATRI, J.---The petitioner who has passed his B.Sc. Examination from the University of Karachi applied for admission to the Bachelor of Engineering Course, in the NED University of Engineering & Technology, Karachi, for the Session 1990-91. The form was submitted by him alongwith all the documents in the National Bank of Pakistan as required. The petitioner had applied for admission in Category 10.2.1(a) of the Prospectus of the University.
2. ' The name of the petitioner did not appear in the provincial merit list of the students found eligible for admission to the said course.
3. ' According to the petitioner, he had obtained 523 marks out of 800 marks in B.Sc. (Pass)
4. Examination and, therefore, his name ought to have been mentioned at S.No,29 of the said list for admission in the aforesaid category. He, then, tried to approach the respondent No,1, but entry to the office of the said University was totally banned.
5. ' He has, therefore, filed this petition seeking declaration that the omission of his name from the aforesaid provisional merit list is illegal, unconstitutional and without lawful authority and that he is entitled to admission to the Ist year Engineering Classes of NED University of Engineering and Technology for the year 1990-91 Session with necessary directions to the University to include his name in the list.
6. ' It has been urged that the respondent No,1. Has treated the petitioner with discrimination as compared with those candidates who have been included in admission list, whose percentage of marks is lesser than that of the petitioner. Thus the petitioner has not been treated equally in accordance with law.
7. ' Respondent No,1, has filed parawise comments, in which it is not denied that the petitioner had applied for admission in 'category 10.2,1(a) of the Prospectus. But however, it is stated that the qualifications for admission under the aforesaid category have been prescribed in para. 10.1(i)(ii) and since the petitioner had not passed the Higher Secondary Certificate (Pre- Engineering) Examination of the Board of Intermediate Education, Karachi, in the group of Mathematics, Physics and Chemistry or any equivalent examination from any other Board or University accepted as such by the NED University, he was not eligible to admission in the aforesaid category.
8. ' The petitioner in his counter-comments has stated that he had though not passed the aforesaid Higher Secondary Certificate Examination but he had passed the diploma course of Associate Engineers which has been recognized as equivalent to the former Certificate Examination, by the Inter-University Boma of Pakistan, as communicated in its letter dated 29-1-1973.
9. ' We have heard Mr. M.S. Qureshi for the petitioner, Mr. Rehanul Hasan Farooqui for respondent No,1 and Mr. AA. Mohammadally for Respondent No,2.Mr. Rehanul Hasan Farooqui stated that Respondent No,1 has not accepted or declared the diploma course of Associate Engineers as equivalent to Higher Secondary Certificate Examination. It is on such basis that the petitioner has not been found qualified for admission in the aforesaid course of respondent No,1 ' The learned counsel for the petitioner was not in a position to controvert the aforesaid stand taken by respondent No,1. He, however, referred to letter dated 29-1-1973 issued by Inter-University Board of Pakistan in which it is stated that the Standing Equivalence Committee of the said Board has decided to recognise the Associate Engineers Diploma as equivalent to FA./F.Sc. For admission to BA./B.Sc. The learned counsel for respondent No,1 contended that the said recognition, will entitle the diploma-holding to seek admission to the classes of Bachelor of Arts or Bachelor of Science, but not for admission in the course of Bachelor of Engineering in respondent No,1 University unless the said University has accepted the aforesaid diploma as equivalent to Higher Secondary Certificate (Fis). It was therefore, contended by the learned counsel for respondent No,1 that the refusal of the admission is in accordance with the Prospectus and the petitioner has not been discriminated in any manner whatsoever.
10. ' Para 10.1 of the Prospectus of respondent No,1 reads as under:- "10.1. The qualification for admission under various categories as specified in para. 10.2 shall be as follows:--
(i) The basic qualification for candidates under admission categories 10.2.1(b) to 10.2.8 and 10.2.10 to 10.2.13 is only HSC (Pre-Engg.) Examination of the Board of Intermediate Education Karachi in the Group of Mathematics, Physics and Chemistry or an equivalent Examination from any other Board of University accepted as such by the NED University in at least C Grade (50% aggregate).
(ii) The basic qualification for candidates under admission category 10.2.1 (a), in addition to qualification laid down in sub-para (i) above, is B.Sc. (Pass) Examination, after being registered in B.Sc. (Pass) Programme, in. First Division/Class with one of the following combination of optional courses:
(1) Physics, Chemistry and Mathematics.
(2) Physics, Mathematics and Statistics.
(3) Chemistry, Mathematics and Statistics
(4) Physics, Mathematics or Mathematics A and Additional Mathematics or Mathematics B."
11. ' Category 10.2.1 (a) reads as under:- "10.2.1(a). Candidates who are permanent residents of Karachi Division and have passed B.Ss.
(Pass) Programme Examination."
12. ' Under the head of Category 10.2.1(a), requirement mentioned in B.Sc. (Pass) Programme Examination. But this category is to be read with para. 10.1 that is to say, the petitioner who has passed B.Sc. Examination, has further to show that he has passed Higher Secondary Certificate Examination (Pre-Engineering) of the Board of Intermediate Education, Karachi, in the group of Mathematics, Physics and Chemistry or an equivalent Examination from any other Board or University accepted as such by the NED University (respondent No,1), in at least 'C' grade.
13. ' The case as set out by the petitioner, in the petition, is based on the plea that the petitioner having passed B.Sc. Examination is entitled to admission in respondent No,1 University, but he has been denied the same, though such candidates who have acquired lesser marks in B.Sc. Have been included in the list of eligible candidates, announced by the said respondent.
14. ' The petitioner, has not pleaded, any where in the petition that he had passed the Associate Engineers' Diploma Course or that the said Course is equivalent to Higher Secondary Certificate Examination of the Board of Intermediate Education, Karachi.
15. ' From the reading of the memo. Of petition, it appears and no other opinion is possible, that the petitioner considered himself entitled to admission only on the basis of marks obtained by him in B.Sc. (Pass) Programme Examination, overlooking the requirement of para. 10.1(i) and (ii).
16. ' However, when the requirments for admission under para. 10.2.1(a) were detailed in the parawise comments filed by respondent No,1 and it was averred that the petitioner had neither passed the Higher Secondary Certificate Examination of the Board of Intermediate Education, Karachi, nor the equivalent thereof, the petitioner disclosed that he held the aforesaid Diploma and that it was recognised by the Inter-University Board as equivalent to Higher Seconrdary Certificate. The petitioner for the said purpose has relied on letter dated 29-1- 1973 on the subject of eligibility of Associate Engineers for appearance in BA. Or B.Sc. Examination, wherein decision of the Standing Equivalence Committee of the said Board has been reproduced, which reads as under:-- "It was decided to recognise. The Associate Engineers' Diploma as equivalent in FA./F.Sc. For admission in BA./B.Sc."
17. ' The said decision of the said Board does not recognise the said Diploma as equivalent to Higher Secondary Certificate for admission to B.E., though it is delcared as such for admission to the two Bachelor Course mentioned therein. Therefore, the aforesaid Diploma does not make the holder thereof eligible for admission to Bachelor of Engineering Programme Examination in Category 10.2.1(b) which is to be read with para. 10.1(i)(ii). Consequently, the petitioner cannot claim entitlement to admission in Category 10.2.1(a) which is to be read with both the afore-mentioned sub-paras. Of para. 10.1 of the Prospectus.
18. ' The petitioner has also filed photo copies of relevant page of "A Book of Equivalences of Educational Certificate in Pakistan", in which the aforesaid Diploma of the Boards of Technical Education Pakistan, has been shown as equivalent to Higher Secondary Certificate (Pre- Engineering). The aforesaid Book has been published by the Inter-Board Committee of Chairman and appears to contain the decision taken by the Committee consisting of the Chairman of Boards of Intermediate all over Pakistan.
19. ' Nothing was pointed out to demonstrate that the aforesaid decision of the Inter-Board Committee of Chairman was binding on respondent No,1, particularly, when it was being asserted with all vehemence on behalf of respondent No,1, that it has not accepted the said Diploma as equivalent to Higher Secondary Certificate.
20. ' The petitioner has not placed any material before us to rebut the stand taken by respondent No,1 learned counsel. The petitioner has not pointed out any instance of grant of admission by respondent No,1, to any other candidate, with similar qualifications to establish discriminatory treatment.
21. ' We, therefore, do not find infringement of any fundamental rights guaranteed to the petitioner or violation of any law in this matter.
22. ' The above are the reasons for the short order dated 5-11-1991 whereby the petition was dismissed in limine.