Muhammad Ajmal petitioner is a regular student of M.B.B.S., in the Rawalpindi Medical College having 284 as his Roll Number, whereas his Punjab University's Registration No, is 95 MCR 232. Vide an order of the Principal of the Rawalpindi Medical College dated 9-5-2000, he has been rusticated from the college for 2 years in view of his indiscipline in the hostel. He has now challenged the said order basically on the point that the rustication for 2 years was not only an excessive punishment but also violative of the calendar of the Punjab University and the relevant regulation pertaining to punishment. The order impugned reads as follows:-- "Mr. Muhammad Ajmal son of Muhammad Mumtaz, Roll No,284 of 4th year resident of H.No,MCB- 8/845, Mohallah Minhasabad, Near Octroi No,3, Jhelum Road, Chakwal, University Registration No,95.MCR.232 has been found guilty of misconduct under section 'H-Offences and Punishments' of Prospectus of Government Medical Colleges in Punjab. He was investigated by Disciplinary Committee during which he was found guilty of the charges of misconduct during incidence of firing in the Rawalpindi Medical College Hostel premises on 4-4- 2000.
' Now, therefore, as recommended by the College Disciplinary Committee, he is rusticated from the college for a period of two years."
2. The punishments prescribed for students in the Prospectus of the Government Medical Colleges in the Punjab and said to have been issued by the Government of Punjab, Health Department and as reflected in sections 3 and 4 are as 'follows:- "3. After considering the recommendations of the college disciplinary committee, disciplinary action by the Principal, of the college against the students committing an offence might take one or more of the following forms depending upon severity of the offences:
(i) The students may be asked to tender an apology, verbal or written. This shall be placed on the student's record.
(ii) A student may be placed on probation for a period up to one year. If during the period of probation he fails to improve his conduct, he may be expelled from College.
(iii) A student may be fined up to Rs,1,000.
(iv) Scholarship may be suspended, or stopped.
(v) A student may be suspended from the college rolls for a period not exceeding two weeks at a time excluding the suspension if any not exceeding 10 days ordered by the principal of the college, pending enquiry into the misconduct of the student.
(vi) The Students may be expelled from the college for a maximum period of up to five years.
(vii) The student may be forcibly migrated to another medical college in Punjab.
4. Regulations relating to expulsion:--
(i) Expulsion whenever imposed on a college student shall mean the loss of five calendar years and will mean his/her being debarred from the university examination during the period of his/her expulsion.
(ii) A student expelled from a college shall not be re-admitted before the expiry of the period of his expulsion.
(iii) Cases of expulsion shall be reported to the university by the Principal concerned for registration and notification."
3. Admittedly, the Rawalpindi Medical College is an affiliated college of the Punjab University as defined by section 2(ii) of the University of the Punjab Act, 1973 (No,9 of 1973).
4. The Act in its Chapter VI deals with the affiliation of educational institution to the University and the requirements for such an affiliation. According to section 5 of the Act, the University exercises all the powers conferred under the Act, within the territorial limits of the Punjab and in respect of institutions over which the University has control or had control previously when West Pakistan (University of the Punjab) Ordinance, 1961 was operational. The Calendar of the University in its Chapter X reflects the regulations relating to discipline, welfare and code of honour of the students of the University and of the affiliated Colleges. Regulation 8 relates to rustication, expulsion and withdrawal. Section 8(i) specifically deals with rustication and reads as follows:-- "8. Regulations Relating to. Rustication, Expulsion and Withdrawal.--(i) Rustication, whenever imposed on a College/University Student, shall always mean the loss of one academic year in so far as his Examinations are concerned. The period of absence from the College/University Teaching Department/Institute will, however, depend upon the, time of the year when the penalty is imposed.
The student under rustication may at the discretion of the Principal of the College/Chairman of a Department/Director of the Institute be permitted to rejoin the class in the same College/Department/Institute in the beginning of the next academic year;
(iii) .
(iv)
(v)
(vi) .
(vii) .
(viii)...
5. It, therefore, appears that the punishments of 5 years rustication is in clash with the aforementioned regulation of the Punjab University.
6. When it was argued that the Calendar of the Punjab University was not applicable to the Rawalpindi Medical College, a notice was sent to the Registrar of the Punjab University who is represented before this Court. According to the learned counsel for the Punjab University, Rawalpindi Medical College being an affiliated college was under the ambit of jurisdiction of the Punjab University and its Calendar.
7. The learned counsel appearing on behalf of the Rawalpindi Medical College was asked to explain how can an affiliated college of the Punjab University has its own independent rules pertaining to discipline and how can those prescribe an excessive punishment when such a punishment has not been prescribed by the Calendar of the University itself. The learned counsel has referred to the rule of the Health Department, Government of the Punjab in this connection and stated that the Health Department while acting under the Punjab Rules of Business as envisaged under section 139 of the Constitution is assigned the duty of medical education including medical schools and colleges and institution for dentistry. That the prospectus of the Medical Colleges have been made by the Health Department in view of this assignment. But the question is whether the role of the Health Department Government of the Punjab was merely for arranging the medical education or it extended beyond that and it overtook the functions which are prescribed by the aforementioned regulations of the Punjab University? The answer is that a Medical College although under the Health Department for administrative purposes is nonetheless an affiliated college of the Punjab University and is governed by its Calendar and its regulations and, therefore, the Government of the Punjab cannot by taking support of the rule which authorises it to arrange for the medical education, act even in such matters which would fall under the jurisdiction of the Punjab University as envisaged by the Punjab University Act, 1973. This Court, therefore, feels that the Rawalpindi Medical College has to follow the regulations with respect to discipline meant for the Punjab University and its affiliated colleges and the punishment awarded to the petitioner of rustication for 2 years was not in harmony with the regulation.
8. After having completed one year period of rustication, the petitioner now can join the academic classes. However, in view of his past conduct, if the Principal of the College does feel that his residence in a hostel of the Rawalpindi Medical College would create indiscipline, he may be refused the facility of the hostel and may also be kept under surveillance against any anticipated act of indiscipline on his part which may call for a disciplinary action against him once more. The writ petition, consequently, is disposed of in these terms. No order as to costs.