JUDGMENT ALI MUHAMMAD BALOCH, J. - This petition has been tiled by the Lawyers and Practitioners, who claimed to be practising mainly on the side of Trade Marks, Patents, Industrial designs, Trade Names and Copyrights. They have formed an association and they want its registration under Section 20 of the Societies Registration Act, 1860 in order to give it a legal protection.
2. On 24.10.1994, the petitioners had moved an application along with the Memorandum of Association and other necessary documents before the Provincial Assistant Registrar, Joint Stock Companies, Government of Sindh. However, the Assistant Registrar turned down the request of the petitioner on 30.11.1994 informing them that the aims and objects of the Association did not fall under Section 20 of the Societies Registration Act, 1860. The petitioners explained their position to the Assistant Registrar by sending a detailed letter dated 11.1.1995 but again their request was rejected on 19.3.1995. The petitioners thereafter had filed the present petition as they considered that action of the respondent in refusing the registration of the petitioner Association was without lawful authority against the provisions of law, arbitrary, mala i.e, discriminatory and in excess of their jurisdiction and power. The following prayers were made in the petition:- "(a) Declare that the action of the respondents in refusing the registration of the petitioner's Association is without lawful authority, and has no legal effect.
(b) Declare the action of the respondents is arbitrary, mala i.e. Discriminatory and is excess of jurisdiction and power.
(c) Direct the respondents to forthwith register the petitioner's Association under the Societies Registration Act, I860.
(d) Any other relief which this Hon'ble Court deems fit.
(e) Grant cost of the petition."
3. The. Petition was admitted to regular hearing on 30th May, 1995. Today, the learned counsel tor the parties argued the matter. The main contention of the learned counsel for the petitioner is that under Section 1 of the Societies Registration Act, I860 if 7 or more persons associated for any literary, scientific, or charitable purpose, or tor any such purpose as is described in Section 20 of the Act, may, by subscribing their names to a memorandum of association, and filing the same before the Registrar of Joing Stock Companies form themselves into a society under this Act. Section 20 of the Societies Registration Act farther provides the subjects far which if a society was formed, may be registered by the respondents. For the convenience sake Section 20 of the Act is reproduced below:- "The following societies may be registered under this Act: Charitable societies, (xxx) societies established for the promotion of science, literature or the i.e arts, for instruction, the diffusion of useful knowledge, the (diffusion of political education) the foundation or maintenance of libraries or reading- rooms tor general use among the members or open to the public or public museums and galleries of painting and other works of art, collection of natural history, mechanical and philosophical inventions, instructions or design."
4. The copy of the Memorandum of Association filed by the petitioner with the respondent No. 2 has also been placed on record. Number of persons, whose names are mentioned in the Memorandum to be the associates of the Association, is 7, all of whom have signed the Memorandum, thus fulfilling the necessary conditions as provided in Section 1 of' the Act.
5. The aims and objects of the Association have also been specifically described in the Memorandum of Association. One of the objects of the Association serialised as (d) is as under:- "(d) To provide latest information, research and developments in the field of Patents, Designs, Trade Marks and Copyrights to the Members and public for this purpose to hold and organize meetings, seminars, conferences, workshops etc. Either alone or in collaboration with foreign/local or Government organizations ;n the field of Industrial and Intellectual Property."
6. One of the subjects mentioned in Section 20 of the Act is:"societies established for the promotion of science, literature or the i.e arts, for instruction, the diffusion of useful knowledge..................... "
7. The object of the Association provided by Section 20 as above does not appear to us to be in much conflict with the object of this Association enlisted at (d) reproduced above. Holding and organizing of meetings, seminars, conferences, workshops, etc. Even if in the field of Industrial and Intellectual Property is not different from the promotion of literature of science or arts. The respondents have not specifically controverted this aspect of the case.
8. Many other aims and objects mentioned by the petitioners in their Memorandum of Association are also covered by the subjects mentioned in Section 20 of the Act. Learned AAG appearing on behalf of the respondent wisely therefore, did not oppose the granting of this petition as he agreed with the views of the petitioners.
9. Not only this, but during the course of arguments the learned counsel for the petitioner placed before us two certificate showing that the respondent No. 2 had registered two different associations, whose aims and objects were quite similar to the aims and objects of the present petitioners. This exercise was made to prove that the action of the respondent No. 2 was discriminatory towards die petitioner and, therefore, without lawful authority a(nd against the provisions of Constitution as well as law. Certificate of Registration of the said two Societies were seen by the learned AAG and after going though the contents of such certificates, which also showed the aims and objects of the Association provided with the Registration Certificate, conceded that it was a case of discrimination and further candidly conceded that the petitioner had a good case for registration of their association under the Societies Act. The examples of the two Association earlier registered by the respondent No. 2 are:-
(1) Patent & Trade Mark Attorney's Association, and
(2) The Pakistan Trade Marks and Patents Association.
10. Consequently, we have come to the conclusion that the petitioners have fulfilled the conditions provided by Section 20 of the Societies Registration Act, 1860 and the action of the respondent No. 2 in providing registration to other similar Associations and refusing the petitioners, is a discriminating and hence a violation of the Constitution. The action of the respondents is, therefore, held to be arbitrary and discriminatory and consequently without lawful authority.
11. As a result, this Constitution petition is allowed and the respondent No. 2 is directed to issue the Certificate of Registration on performance of the usual formalities under the law. The necessary certificate be issued within a period of one month from the date of passing of this order. The learned AAG, who is present, undertakes to inform the respondents Nos. 1 and 2 of the passing of this order.