' The petitioner through this Constitutional petition has taken exception to the action of the respondent-University of Engineering and Technology not treating him as 1992 entry and not allowing him to take 2nd Year Supplementary Examination scheduled to be held in February, 1995.
2. Facts briefly are that the petitioner took B.Sc. Annual Examination in 1990 from the University of the Punjab securing Ist Division by obtaining 615 marks out of 800. He got admission in 1st Year B.Sc.
Mechanical Engineering in Academic Session 1991-92 under Category-A on the basis of his award secured in the B.Sc. Examination. He took Ist Year Examination in Mechanical Engineering held in April, 1993 and obtained 792 marks out of 1250 obtaining first division.
3. Grievance is voiced that on 17th of August, 1993 the petitioner was issued a show-cause notice by the respondent-Engineering University with the allegations that he took provisional admission in the Ist year B.Sc. Mechanical Engineering in the Session 1991-92 on a tempered result card and was called upon to submit his reply by the 5th September, 1993 failing which an ex parte decision would be taken. The petitioner through letter dated 30th August, 1993 denied the allegations and requested for the extension of time till 15th September, 1993 so as to fully satisfy the respondent- University about the authenticity of his result card. Instead of allowing the time as requested enabling the petitioner to substantiate his claim, the respondent-University through its order dated 16-94993 (Annex. 'E') expelled him from University and his name was struck off the rolls with immediate effect. The petitioner through his letter dated 20th September, 1993 controverted the stance and brought to the notice of the respondents the true facts and also submitted the result of his Punjab University B.Sc. Examination. The University of the Punjab also in response to the petitioner's correspondence authenticated his result of B.Sc. Examination who forwarded all the documents to the respondent University. After many requests and incessant approach, the University of Engineering vide its order dated 12th of September, 1994 withdrew the expulsion order passed earlier through Notification dated 16th of September, 1993. The withdrawal orders is as under:-- "Having been confirmed by the Punjab University that the result card issued to Mr. Ahmad Bilal son of Rashid Ahmed on the basis of which he got admission at University of Engineering and Technology, Lahore, is correct, the expulsion Notification No,UNIV/SS/PU/91- 92/1157 dated 16th September, 1993 is hereby withdrawn.
' Mr. Ahmad Bilal has been re-admitted in 2nd Year Mechanical Engineering Class of the session 1992-93 (1993) Entry. He will pay readmission fee of Rs,400 alongwith the normal University dues. He is assigned registered No,93-RE/92-MECH-55."
4. Learned counsel has taken exception to the second para. Of the aforestated order whereby the petitioner has been assigned 1993 entry instead of 1992 to which he was earlier admitted and on the basis of the same had already cleared his Ist. Year B.Sc. Mechanical Engineering Examination in April, 1993.
5. I have heard the learned counsel for the parties and have gone through the comments. Since I have heard the learned counsel for the parties at length, I dispose this of as a Pacca matter. It is pertinent to mention here at this juncture that subsequent to the filing of this writ petition the respondent-University of Engineering again took up the plea through their comments that the petitioner had obtained 415 marks out of 800 but the same were inflated to 615 in a clandestine manner and secured admission in B.Sc. Mechanical Engineering fraudulently. Due to this stance/pleading of the respondent I directed the Controller of University of the Punjab through my interim order dated 8-11-1994 to produce the record. Today Ch. Ijaz Ahmad learned counsel for the University of Punjab has brought the record. He has controverted the plea taken by the respondent-Engineering University. I have myself perused the record and have noticed that in calculation of marks some mistake took' place which was rectified by the Punjab University there and then. I have also noticed that the petitioner secured admission in the year 1991-92 and passed Ist Year B.Sc. Mechanical Engineering Examination. University of the Punjab has already intimated prior to the filing of this writ petition on 24th of August, 1994 that the earlier letter No,1016-V dated 12-4-1994 was issued by the Office through an oversight on the basis of which the impugned action of expulsion was taken. The letter of the Punjab University is as under:-- "Subject: Verification of educational documents in respect of Mr. Ahmad Bilal, Roll No,5914. B.Sc. First Annual Examination.
1990.
' Kindly refer to your letter No, Univ/SS/1997 dated 5-4-1994, on the subject cited above.
' It is regretted to inform you that letter No,1016-V dated 12-4-1993 was issued by this office through an oversight. It is further stated that Mr. Ahmad Bilal son of Rashid Ahmad has passed the B.Sc. First Annual Examination, 1990 under Roll No, 5914 by securing 615/800 marks and placed in First Division.
' The marks obtained by him in each subject/s are as under:-- S. No, Name of the subject/s Marks obtained
1. Islamic Studies/Ethics & Pakistan Studies. 70/100
2. English (Lang) 34/100
3. Mathematics A Course 183/200
4. Mathematics B Course 189/200
5. Physics 139/200 Total: 615/800
6. The aforestated resume domonstrates that the petitioner has suffered unnecessarily on account of the respondent Engineering University. The show-cause notice was issued to the petitioner on 17th of August, 1993 and expulsion order was passed on 16th of September, 1993 in a hasty manner without providing full opportunity to the petitioner who throughout has been clamouring regarding his innocence and asking the respondent-Engineering University to verify his stance from the Punjab University. If some delay or omission has been occasioned at the Office of the Punjab University or for that matter by the respondent Engineering University the petitioner shall not be made to suffer for the same. It is settled principle of law that no one can suffer on account of an act of the Authority who has to pass an order or who has to take some action. The leisurely attitude adopted by both the Universities in authenticating the result of the petitioner shall not be made basis for depriving him from 1992 entry. When the allegation levelled against the petitioner has not been substantiated, he has got a right to be restored to his original position. Furthermore the petitioner has already passed Ist Year B.Sc. Mechanical Engineering examination and relegating him to 1993 entry would have certainly adverse effect on his career. Accordingly, the action of the respondent-Engineering University treating him as 1993 entry is declared to have been made without lawful authority and of no legal effect. The writ petition is accepted and the respondent- Engineering University is directed to allow him to take 2nd Year examination scheduled to be held in February, 1995 treating him 1992 entry. There shall be no order as to cost.