P L D 2001 Lahore 385 (PLP)

(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; (ii)

(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 B which would fall under the jurisdiction of th6 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 C 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. M.B.A./M‑580/L Order accordingly