JUDGMENT MUHAMMAD ROSHAN ESSANI, J.~ The petitioner through this petition has sought the following reliefs:-
(a) To declare that respondent I.e, Vice Chancellor N.E.D. University of Engineering, and Technology Karachi has acted in excess of his jurisdiction and power by dis-allowing the admission of the petitioner on merits seat on the ground that he has passed his first year examination of Inter Science from the Hyderabad Board.
(b) To order and direct the respondent Vice Chancellor to admit the petitioner in the Textile Engineering course of 1997-98 Session in first year in accordance with open merit at N.E.D.
University of Engineering and Technology Karachi.
2. Briefly stated the facts leading to above reliefs as stated in the memo of petition are that the petitioner was born at Karachi on 7.5.1979, and acquired domicile and P.R.C. Certificate from the Deputy Commissioner Karachi (West). His further expired at Karachi on 12.7.1997. The petitioner passed his Secondary School Examination from the Board of Secondary Education, Karachi in the year 1994, and secured 566 marks out of 850 and he was placed in 'B' Grade. In the year 1997 the petitioner passed his Intermediate Examination in Science Group from the Board of Intermediate Education, Karachi with improvement and secured 878 marks out of 1100 and was placed in Grade 'A'.
3. According to petitioner, he being eligible for admission to the First Year of Textile Engineering Course in terms of the rules laid down in the prosecutes issued by the respondent, he applied for such admission on the prescribed form to the said course. It is averred that his name was included in the merit list of the candidates for admission but subsequently, he was refused admission. The petitioner met with the chairman of the admission committee of the respondent for admission, who also refused to give him admission on the ground that he has passed his first year examination from the Board of Intermediate and Secondary Education Hyderabad therefore, he was not eligible for admission. The petitioner has further averred that he appeared in the annual examination of Intermediate after obtaining the permission from the Karachi Board and passed the said examination from the Board of Intermediate and Secondary Education Karachi and Chairman of the admission committee of the respondent has wrongly denied admission to him. He has prayed that the ing admission by respondent is in excess of his authority and he has prayed for direction be issued to the respondent to addition the petitioner in first year of the Textile Engineering Course of 1997-98 in N.E.D. University of Engineering and Technology Karachi.
4. On 11.2.1998 this petition was admitted to regular hearing.
5. The respondent had filed their comments disputing the facts that the petitioner had not passed his H.S.C. (Pre-Engineering) part 1 and II Examination from the Board of Intermediate and Secondary Education, Karachi, so as to quality for admission in category 12.2.2(a), as Prescribed in the prospectus and that the contents of admission form are false and incorrect. The petitioner has also suppressed the fact that he has requisite qualification. As per prospectus the petitioner was required to pass H.S.C. Parts 1 and II Examination from Karachi Board, whereas he had passed the same from the Hyderabad Board of Intermediate and Secondary Education which fact he has concealed in the memo of petition. Mere improvement from Karachi Board is not enough to qualify him to apply for admission as it does not dispense with the condition in the prospectus. According to the respondent, the petitioner was not eligible to the admitted in N.E.D. University at the cost of other eligible candidates. The respondent further in his comments has stated that the petitioner had deliberately submitted incomplete documents along with the admission form which included original Mark Sheets of H.S.C. Part 1 and II Examination. Had these documents been submitted earlier the name of the petitioner would not have been included in the merit list. The registration number was issued to the petitioner on 20.10.1997 and his name was included in merit list on 20.11.1997 before the scrutiny of the necessary documents. The interview of the petitioner was held on 2.12.1997 when it transpired that he had passed his H.S.C. Part-1 and Part II from Hyderabad Board in 1996 and had only improved three subjects i.e. Islamic Education (first year), Pakistan Studies and Physics paper II theory from Karachi Board in the year 1997, therefore name of the petitioner was deleted and he was disqualified to apply for the admission in N.E.D. University of Engineering and Technology.
6. On 11.2.1998 when this matter came up before us no one appeared for the respondent and we passed the following order:- "This is the second call in the case and time now is 12.25. p.m.
For the reasons set out in the order dated 23.12.1997 this petition is admitted to regular hearing, No notices, however, to the-respondents need issue because the respondent is already represented. Replies to be exchanged according to the rules within three weeks. Because this is a student's case requiring prompt disposal, regular hearing is fixed on 5.3.1998. To come Up accordingly."
2. This is an application for interim relief. If the petitioner is not allowed ad-interim permission is terms prayed for and if the petition ultimately succeeds, this would become a case of hardship.
The application is allowed but the petitioner would attend classes and pursue course of study at his on risk and subject to the decision of this petition."
We have heard the learned counsel for the parties and have perused the pleadings. We are not impressed by the arguments advanced by the learned counsel for the petitioner.
7. The rule 12.2.2. (a) of the prospectus of the N.E.D. University of Engineering and Technology Karachi 1997-98 speaks about total number of seats reserved for candidates who are permanent residents of Sindh Province and have passed Higher Secondary Certificate (Pre-Engineering) Part-1 and Part II Examination and made improvement, if any, from Board of Intermediate and Secondary Education Karachi is 500. These seats have further been divided in different disciplines. The candidates who pass the H.S.C. Examination from the Board of Intermediate and Secondary Education, Hyderabad have 22 seats. The Mehran Engineering University Jamshoro is basically meant for the candidates who belong to interior of Sindh and have passed their, H.S.C. Part 1 from the Board of Intermediate and Secondary Education and II Examination/Hyderabad, but as per reciprocal arrangement, some seats are reserved in Karachi for he candidates of Hyderabad, as against the seats reserved in Mehr an University for the candidates of Karachi. The petitioner applied for admission in category 12.2.2 (a) as is evident from his admission form. He offered himself to compete with the candidates of Karachi Board by suppressing the fact that he had cleared 7 out of 8 papers in H.S.C. Part-1, and 6 out of 8 papers in H. S.C. Part II Examination from the Board of Intermediate and Secondary Education Hyderabad as is evident from his marks sheet issued by Hyderabad Board. This by itself disqualifies him to apply for admission under category 12.2.2(a) of the prospectus mentioned above.
8. The documents filed by the respondent further reveal that the last candidate at serial .NO. 500 is Miss. Aisha Tabassum who has been allowed admission. She has secured 883 marks whereas petitioner has secured 878 marks. He even otherwise, having less marks had no right of admission.
He has approached this Court with unclean hands by concealing facts. Apart from what is stated above the petition merits dismissal on account of non-joinder of the parties who are likely to i.e affected in the event, this petition was allowed. The student who has got the admission in place of the petitioner would have lost her seat without being heard.
9. For the aforesaid reasons we see no merit in the petition and consequently the same is dismissed.
10. By a short order dated 24.3.1998 we had dismissed this petition and these are the reasons for the said order.