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2004 CLC 640

AMIR KHALID and 14 otherss vs CONTROLLER OF EXAMINATION, PUNJAB

Citation2004 CLC 640
CourtLahore High Court
Case No.Writ Petition No,1907 of 2002
Date2003-07-31
Judge(s)Abdul Shakoor Paracha
ResultOrder accordingly

ORDER

' Through this writ petition the petitioners have prayed for the following reliefs:--

(a) for issuance of a direction to respondent No,1 to allow the petitioners to take part in the BCS final examination 2002, by accepting the petitioner's admission/registration form;

(b) a direction to respondent No,1 to make urgent arrangements and issue necessary authorizations by telegraphic, fax or other expeditious modes of communication to ensure the appearance of the petitioners in the final examination of BCS to be held from 6th of July, 2002.

2. Through the interim order, dated 3-7-2002 the following direction was issued by this Court to the respondents:-- ' "The respondents will issue Roll Number Slips to the petitioners and allow them to participate in the examination commencing on 6-7-2002, subject to the decision of the writ petition."

3. In pursuance of the order, dated 3-7-2002 aforesaid, the petitioners participated in the examination. Through Civil Miscellaneous No,517 of 2003, a direction was sought to the respondents to announce the result of the examination held in 2002 for BCS, 2002 in respect of the petitioners subject to the final disposal of the writ petition. The said application was dismissed. However, the main writ petition was ordered to be fixed for final hearing.

4. Vide letter No,SO(A-1)2-1/85-97 (Comp.) Government of the Punjab, Education Department, dated 4-2-1998, the Education Department allowed the introduction of Computer Classes in the Education Institutions of the Punjab in association with private parties on certain terms and conditions.

5. The Uniyersity has filed parawise comments. It has been categorically stated in the comments.That the University of the Punjab did not grant affiliation to the Government College, Asghar Mall, Rawalpindi, to teach BCS Class and no Institution could enrol the students for any discipline without having affiliation. It is further submitted in the comments that the admissions of the students were illegal as the College had been granted no affiliation and they had no authority 'to admit the students.

6. Through letter No,1275/P(AF), dated 20-6-2001, the Deputy Registrar (General) and Secretary, Affiliation Committee for Registrar in the University of the Punjab, communicated to the Principal, Government College, Asghar Mall, Rawalpindi as follows:-- ' "I am directed to inform you that the University of the Punjab has decided not to grant affiliation to Government College, Asghar Mall, Rawalpindi to teach the BCS Classes due to the following observations:-

(1) An N.G.O. Is running the Computer Centre in the premises of Government College, Asghar Mall.

Rawalpindi.

(2) Except the building, all the assets are the property of N.G.O.

(3) The N.G.O. Has donated only 4 Computers to College.

(4) The books of the Library, which are not adequate with the requirements of the College, are also property of the N.G.O.

' However, if the College wants to start the BCS Classes, it should establish its own Computer Lab.

And Library etc. The grant of affiliation to Government College Asghar Mall, Rawalpindi will be considered thereafter."

7. The Government has not so far formulated any policy regarding imparting education through the private Institutions. A culture has developed in the country to extract money from innocent students/boys and girls by establishing Institutions for imparting education in software, hardware engineering, medical field, homeopathy and business administration, etc. The private persons or N.G.O.'s establish private Institution without any basic facilities of imparting education. This is a matter of great concern that these private individuals and N.G.O.'s publish the advertisements without getting any affiliation from any University for giving admissions in different disciplines to the students without having any proper building, libraries, computers, Labs. The mala fides and the ulterior motive is floating on the surface of these individual and N.G.O.'s that they submit applications for affiliation of their Institutions to different Universities in the country. The Institution established in different Provinces have applied for affiliations of the Universities in the other Provinces, which matters are pending decision for the last so many years. The applications are not being decided with ulterior motive with the connivance of the University officials and every year the students are given admissions and just prior to one week of examination they send the students to the Courts for getting a direction for their appearance in the examination, and through interim orders they appear in examinations and thereafter through an order of the Court they would get their result announced, and on the next year they would again make the arrangement of giving admission by extorting huge money. A There should be some end to this exploitation and illegal activities being carried by the individuals and N.G.O.'s with the connivance of the University staff.

8. It is directed that the result of the petitioners for the examination held in 2002 for BCS 2002 be announced.

9. In view of the above position, I direct that the University shall decide the matter of affiliation of the Government College, Asghar Mall, Rawalpindi, within 15 days from today. The Government of the Punjab, and the Vice-Chancellor, Punjab University are also directed to decide the cases of affiliation of different private Institutions so that innocent poor people, who are spending for imparting education to their children, may not be subjected to looting by the Mafia of the individuals and N.G.O.'s. It is also made clear that no student in future of 'this institution shall be allowed to appear in examination unless the Institution is affiliated with the University.

10. A copy of this order shall be sent to the Government of the Punjab and to the Vice Chancellor, University of the Punjab, for immediate action.

' With the above observations and directions this writ petition is disposed of. Copy Dasti.

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