' Through the present writ petition the three petitioners have challenged the new Syllabus and the new pattern of the English Paper for the Degree Classes (B.A.) Examinations to be held in the month of May/June, 1995. Muhammad Mansha, petitioner No,1, is a private student of BA. And is resident of District Kasur. Ali Abid Khokhar, petitioner No,2 is a BA. Student of Government College, Faisalabad and also claims to be the Chairman of the Students Action Committee of the said College. M.I.
Ayubi, petitioner No,3, is the student of Government Dayal Singh College, Lahore. All of them have filed this joint writ petition for the aforesaid purpose.
2. It is stated in the writ petition that the new Syallabus for English Degree classes was introduced by the University of the Punjab in the year 1993 for the academic sessions 1993-95 without the prior intimation to the students as well as to the teaching staff. They further complained that the change in the Syallabus and the pattern of English Paper was not introduced at the beginning of the academic session of 1993-95. They also alleged mala fides against the Chairman of the Board of Studies in English (respondent No,3). It was also asserted that these changes were introduced without the approval of the Academic Council which, under the Univeisity of Punjab Act, 1973, is the competent authority to introduce such changes. It is further stated that the change in the pattern of English Papers to the Degree Examination is not reasonable and has created great hardship and uncertainty for the students.
3. On 15-1-1995 report and parawise comments were called from respondent No,1 and the Chairman, Department of English Language and Literature (respondent No,4) was also .Directed to appear on 23-1-1995. However, on 23-1-1995 the report was not filed, but a request was made for extension of time for this purpose. Subsequently, detailed report and parawise comments were filed on behalf of the respondent University, wherein the contentions of the petitioners were refuted, besides raising some preliminary objections as to the competency, of the petitioners to file the writ petition. In the report the University has stated as follows:-- "In order to improve the standard of English the Board of Studies constituted a Committee to give proposals/suggestions English Papers of BA/BSc. Examination to be held in the month of May/June, 1995. The Committee submitted its report on 19-12-1992 to the Board of Studies which after detailed discussion approved the report in its meeting held on 19-1-1993. Copy of the report of the Committee and the approval of the Board of Studies are attached as Annexure R/1 and R/2 respectively. The abovesaid Committee convead its meeting on 1-2-1993 and sent its proposals regarding format of the questions and division of the marks to the Board of Studies which approved the proposals of the Committee in its meeting held on 17-7-1993. Subsequently a Notification for the same was issued on 16-9-1993 and its copy was forwarded to all the Principals of the affiliated colleges and to the University Sales Depot. Copy of the report dated 10-2-1993, approval of the Board of Studies dated 17-7-1993 are attached as Annexures R/3 R/4 respectively."
4. It is further stated in the report that the recommendation of the Board of Studies dated 17-7-1993 were duly approved by the Vice-Chancellor under section 15 of the University of Punjab Act, 1973 which was subsequently approved by the Academic Council in its meeting held on 8-6-1994. A copy of the Notification dated 16-9-1993 issued by the Registrar, University of the Punjab, has been placed at Annexure "A" alongwith the report and parawise comments which elaborately contains Syllabus and course of reading including the pattern of Examination Paper in the subject of English.
This Notification, according to the report, is, in turn, based on the report dated 19-12-1992 prepared by the Committee which was established by the Board of Studies of the University of the Punjab.
The Notification was to take effect from September/October, 1993 and was given wide publicity as copies of the same were endorsed to various officers/authorities, including all the Principles of Colleges affiliated to the Punjab University having degree classes and was also made available for sale at the University Sales Depots. In the month of November, 1993 the University of Punjab issued special instructions for paper setters. These instructions were accompanied by specimen Question Papers for guidance of the paper setters. It is further averred by the University that the Academic Council of the Punjab University, in its meeting held on 8-6-1994, gave post facto approval to the changes in the Syllabus and pattern of examination/papers in English, as contained in the notification dated 16-9-1993. A copy of the minutes of this meeting is placed on record at Annexure R/5.
5. The contention of the learned counsel for the petitioners that the pattern of examination paper was changed in the year 1994 is, therefore, not correct. On the contrary, the plan to change the pattern of examination and A Syallabus for the English Papers was chalked out in the year 1992 and was finalized in the year 1993 by the Board of Studies and was ultimately introduced and implemented with effect from 1993 Academic Session vide notification dated 16-9-1993. The objection of the learned counsel for the petitioners that it was within the competence of the Academic Council alone, has also been met as the said Council in its meeting held on 8-6-1994 gave post facto approval to the Scheme of introducing changes in the Syllabus and pattern of examination paper w,e,f, 1993 Session. Thus, the requirements of section 28 of the University of Punjab Act, 1973 were complied with.
6. The respondent University has also pleaded that "the change is in the fomat of question not in the pattern of question paper. The question paper remains the same. Only one question No,5 on BA.
Paper "B" is changed. Otherwise the same number of questions, the same marks, the same things to be asked. Question No,5 is of synthesis of sentences essentially concerned with the construction of sentences. To determine the format of question is the inherent right of the paper setter/examiner. The new question may demand only a relevant, to the point and short answer which is essentially required of a student to be able to provide."
7. The respondent University has raised a preliminary objection to the following effect: ' That the competent authority has a right and power to change the rules and time before the Examination."
Under the provisions of the University of Punjab Act, 1973, the University and its various organs, particularly the Board of Studies and the Academic Council, have the power and authority to prescribe Syllabus and pattern of examination and also to make changes in the same. The matter being within the power and discretion of the University of Punjab, no exception can be taken to the impugned changes, especially when the same was introduced at the beginning of the Academic Session of 1993-95 vide notification dated 16-9-1993.
8. For the foregoing reasons there is no merit in this Writ Petition which' is accordingly dismissed in limine.