Pakistan Case Law← Search
2000 C.L.R. 1137

TAUSIF AMAN and another vs UNIVERSITY OF ENGINEERING AND

Citation2000 C.L.R. 1137
CourtLahore High Court
Judge(s)Karamat Nazir Bhandari
ResultN/A

KARAMAT NAZIR BHANDARI, J.- This judgment will dispose of writ Petitions No. 1352/98 and 9256/98 as common question is involved for decision.

2. The writ petitioners are domiciled in the Tribal Areas of Rajanpur/Dera Ghazi Khan, each of them passed their F.Sc. (Pre-Engineering) Examinations 1998, with good marks. They applied for B.Sc. Engineering course commencing from Session 1999 and also passed the eligibility test for admission. They applied for admission to the course against the seats reserved for "Q" Category. It is relevant to note that under this category some seats are allocated to the backward/tribal areas. They were denied admission on the ground that Category "Q" stood abolished with effect from Session 1999 and on general merit the petitioners were not eligible to be admitted. These three petitions were filed at Multan Bench of this Court questioning the decision of the syndicate of the University of Engineering and Technology, Lahore, taken in its meeting held on 18.4.1998 by which the seats reserved under Category "Q" from Session 1999 were abolished. Under the orders of my lord the Chief Justice, these petitions were transferred from Multan Bench.

3. On behalf of the University it is admitted that the reservation of seats under Category "Q" was prevalent till 1998 and further that it has been restored from Session- 2000 onward. The abolition for the Session 1999 is being justified on the ground that this Court delivered Judgment dated 25.3.1998 in Writ Petition No. 3772/98, disapproving reservation of seats, as being repugnant to the Constitution, in particular Article 27 of the same. It is also pleaded that the students of the Session 1999 to which the petitioners wanted to be admitted, have already completed one year's study and the clock cannot be reversed for the benefit of the petitioners. Even if admitted, they cannot complete the number of lectures which are required to be completed as per University Regulations.

4. Learned counsel for the petitioners has urged that the petitioners have lost a fair chance of joining the B.Sc. Engineering Course due to no fault of theirs as petitioners were fully eligible to be admitted to the seats reserved under Category "Q". He argued that coming from backward areas, the petitioners need to be encouraged. He also states that this Court should direct their admission in the 1999 Session and if they cannot complete the required percentage of lectures, the law should be permitted to take its course and if for this reason petitioners fail, so be it.

5. Nothing has been stated to show that the Syndicate was not competent to pass the resolution which it did. Apparently this is in accord with the ratio of the Judgment delivered by this Court on 25.3.1998 in Writ Petition No. 3772/98. The resolution of the Syndicate, therefore, is declared to have been passed with lawful authority.

6. On the above finding these petitions merit to be dismissed. However, I feel that a mere technical view may not be in accord with the ends of justice, particularly in view of the fact that Category "Q" has since been restored from the course commencing with Academic Session 2000.

7. These petitions, therefore, are disposed of with the direction that if within ten days from today the petitioners file admission forms under Category "Q" for the B.Sc. Engineering Course commencing from the year 2000, the petitioners' applications shall be considered in accordance with law.

Parties are left to bear their own costs.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search