' This judgment shall dispose of the following writ petitions as common questions of law are involved:
(1) WP No,1378/95-BWP
(2) WP No,1385/95-BWP
(3) WP No,1404/95-BWP
(4) WP No, 1379/95-BWP
(5) WP No, 1503/95-BWP
(6) WP No, 1375/95-BWP
2. Brief facts leading to the filing of Writ Petition No, 1378/95 are that the petitioner is an educational institution named as Rahimyarkhan College of Education, Rahimyarkhan. This has been established for the purpose of imparting one year's degree course for Bachelor of Education. The petitioner college applied to the Islamia University, Bahawalpur for affiliation and the same was conferred in the year 1991-92 for a period of one year. It was extended in 1992-93 and 1993-94. How ever, for the Session 1994-95, the Affiliation Committee of the respondent University vide its report dated 17-11-1994 did not recommend affiliation of petitioner's college and Committee of the Syndicate concurring with the report of the Affiliation Committee decided to refuse affiliation to the college vide its order dated 17-12-1994. This order was conveyed to the petitioner vide Annexure X (page 56 of the petition) The petitioner went in appeal against the order of refusal under section 38 of the Islamia University, Bahawalpur Act and the appeal met the same fate. Hence this petition.
Similarly in all other connected writ petitions, the petitioner colleges were granted provisional affiliation and after inspection by the Affiliation Committee separate reports were submitted to the Syndicate. The Committee of the Syndicate having considered those reports and after hearing the respective Principals/representatives refused affiliation by separate orders.
3. Report was called from the Islamia University, Bahawalpur in which it has been averred that the petitioner college was established in the rented building in the year 1991. The college was extended provisional affiliation in the hope that it will fulfil the conditions essential for granting affiliation but despite a lapse of three years it has not done so. It was further submitted that the Affiliation Committee on its visit to the petitioner college had pointed out the deficiencies but despite the opportunity given, the college has failed to remove the objections. Consequently, the Affiliation Committee re-visited the college in the year 1994 and found that the petitioner college still did not fulfil the requisite condition, as prescribed under section 34 of the Act of Islamia University Bahawalpur. The report of the Affiliation Committee was submitted before the Syndicate Committee which endorsed the same and refused affiliation for the current academic year.
4. In support of the petition, the learned counsel for the petitioners Mr. Mohammad Jaffar Hashmi, Advocate, has raised the following points:--
(i) That to seek education is a fundamental right of every citizen. This fundamental right assumes greater significance as it is Islamic State and Islam lays great stress on seeking education. He referred to Article 2A of the Constitution of Islamic Republic of Pakistan to point out that the same is enforceable in law. The refusal to grant affiliation is a clog on this fundamental right of the petitioner. He relied on AIR 1993 SC 2178, PLD 1993 Karachi 83, AIR 1964 SC 1279 and AIR 1990 SC 40 to bring home the point that the refusal to grant affiliation is a unreasonable restriction on the right to carry on a noble profession of teaching and the law which empowers the University to grant affiliation is ultra vires of the Constitution;
5. Mr. Bilal Ahmad Qazi, Advocate, who also appeared for the petitioners, having adopted the arguments of Mr. Muhammad Jaffar Hashmi, Advocate, made the following submissions:--
(1) That there is no concept of provisional affiliation in law and that affiliation once granted cannot be rescinded or withdrawn; and
(ii) That as the impugned order has no mandate in law, the same has to be struck down in the Constitutional Jurisdiction of this Court.
6. Mr. M.M. Bhatti, Advocate, the learned counsel for the Islamia University, Bahawalpur, defended the order of refusal of affiliation and submitted as follows:-
(i) That all fundamental rights are subject to law and a profession, trade, commerce or industry can be regulated by the Legislature. No exception, therefore, can be taken to section 34 of the Islamia University Bahawalpur's Act which prescribes conditions for affiliation;
(ii) the Syndicate Committee considered the report of the Affiliation Committee (R1 with the report and comments) and vide its order dated 17-12-1994 endorsed the same by a speaking order (R2).
Petitioner's appeal before the Senate Committee was dismissed on 18-2-1995. Thus concurrent findings of tribunals of competent jurisdiction, according to the learned counsel for the respondent University, cannot be interfered with under Article 199 of the Constitution; and
(iii) that the petitioners did not mention any name of the students in the writ petitions who wanted to appear in the examination and the list submitted by the order of this Court, of those students who wanted to appear in the University examinations is fake as most of them do not qualify to appear in the University Examination.
7. I have given anxious thoughts to the points raised by the learned counsel for the parties and have also gone through the precedent case-law.
8. The power to pass a final order includes the power to pass an interim order. This is stipulated in section 20 of the West Pakistan General Clauses At. The power to grant affiliation is contained in section 34 of the Islamia University Act. The provisional affiliation was granted with a view to enable the petitioner colleges to fulfil the conditions necessary for affiliation. If despite the opportunity given, the petitioners have not fulfilled the conditions which is manifest from the reports of the Affiliation Committee, the Committee of the Syndicate had rightly refused the affiliation by a well- reasoned order. In the letter dated 31-10-1994 addressed to the Director of Education, Colleges, the Principal of the petitioner-College in W.P. No, 1378/95 had specifically requested for affiliation of its college with the Islamia University for the Session 1994-95. Thus it is manifest that it was with the consent of the petitioner that the affiliation was being granted from year to year basis with the object referred to above.
9. A bare reading of section 25(2)(n) and section 34 of the Islamia University of Bahawalpur Act, 1975, makes it clear that the order of refusal to grant affiliation passed by Committee of the Syndicate does not suffer from any jurisdictional defect and, therefore, cannot be interfered with in the Constitutional jurisdiction of this Court. In an unreported judgment of this Court (at Multan Bench) in W.P. No,2957/92 (Muslim College of Education v. Bahauddin Zakariya University, Multan), the petition was dismissed and the finding of the Affiliation Committee and the order of the Committee of the Syndicate refusing extension in affiliation were upheld.
10. The right to seek education could be classified as fundamental right as it is relatable right to life.
A person has a right to establish an institution but it does not carry a right to have it recognized. For purposes of recognition it has to conform to the conditions laid down in the relevant law and the same cannot be dubbed as unreasonable restriction. In the judgments reported in AIR 1993 Karnataka 167 and AIR 1992 Andhra Pradesh 227, the right of State or University to grant or to refuse affiliation was upheld. The only observation made was that the order refusing affiliation should be speaking order.
' Similarly in AIR 1993 Supreme Court 2178 it was observed that the authorities granting affiliation/recognition are duty bound to insist the conditions necessary for the grant of affiliation.
11. The right to establish an institution does not carry with it a right to have it recognized. If an institution wants to be recognized it has to maintain a certain level of excellence which is prescribed by law. In AIR 1993 SC 2178 (at page 2182) it was observed as follows:-- "In such a situation, it is obligatory--in the interest of general public--upon the authority granting recognition or affiliation to insist upon such conditions as are appropriate to ensure not only education of requisite standard but also fairness and equal treatment in the matter of admission of students. Since the recognising/affiliating authority is the State it is under an obligation to impose such conditions as part of its duty enjoined upon it by Article 14 of the Constitution. It cannot allow itself or its power and privilege to be used unfairly. The incidents attaching to the main activity attach to supplemental activity as well. Affiliation/recognition is not there for anybody to get it gratis or unconditionally. No Government, authority or University is justified or is entitled to grant recognition/affiliation without imposing such conditions".
12. For what has been discussed above, there is no merit in all the six writ petitions mentioned in para. 1 of this judgment which are hereby dismissed.