2008 PLP 2462 (YLR)

HAFIZ TARIQ NASIM, J.

The backdrop of this writ petition is that the petitioner applied for admission to a programme of four years consisting of eight semesters of Bacholar Degree in Information and Technology (Honours) in the Punjab University College of Information Technology, where the students were expected to achieve the target of 75% (now 80%) attendance in theory and practice in both spring and fall semesters of each academic year, failing which they could be dropped from the course. Minimum numbers of "teaching contact hours" for "one credit hour course" was 16 hours per semester to a student to pass a course was to be awarded "F" Grade. However, a student dropped from or failing in a course could be enrolled in the following semester by paying the prescribed fee for the course. In March, 2004 the petitioner was admitted to the afternoon section of Bachelor of Information Technology (Honours) Programme of 2004-2008 Session and during his academic period he succeeded in achieving the prescribed target of more than 75% attendance in theory and practice as well as 16 teaching contact hours per semester, promoted from first semester to seventh one in due course of time. The petitioner was also required to obtain 1.50 or more but less then 2.00 GPA was eligible to be promoted in the next semester on probation. However, the students securing GPA of 2.00 or above in the first semester were to be promoted as of right to the second semester. The petitioner obtained Grade Points of 31.50 in the first semester. His GPA was shown as 1.66, was promoted on probation but without any intimation to the petitioner that he had been graded "F" in Maths for IT-1. Accordingly the petitioner's results of the 7th semester were supplied to him for the first time in the month of July, 2008 when he was dropped out of the programme and the moment the decision came into the knowledge of the petitioner, he promptly approached the Academic Coordinator as well as the Principal of the College for grant of one opportunity to complete his course of 38 out of 43 subjects has already been cleared by him, the petitioner was advised by the College Administration to appear in the Entry Test to be held on 25-2-2008, when the petitioner appeared in the Entry Test under Roll No.1006, the result is still awaited. However, on 10-3-2008 the petitioner was really declined for rejoining the college.

2. Learned counsel for the petitioner submits that the petitioner is being discriminated as in a number of identical cases the students obtained "C" Grade in 11 or more subjects, have been allowed to continue his studies, in other cases many students dropped out from the programme had been permitted to rejoin and the detail of the same is submitting in para. 15 of the writ petition, thus the petitioner is entitled to the same relief on the touch stone of the Article 25 of the Islamic Republic of Pakistan. Further submits that the petitioner having obtained 2.13 Semester GPA and 1.93 CGPA in the 7th semester could not be dropped out under the relevant statute, which clearly provides that a student with CGPA less than 1.50 shall be dropped out from the programme as well as the College Rolls and the petitioner was at least entitled to repeat one or more course, in which he had obtained the last grade in order to improve the CGPA, so as to obtain minimum of 2.00, failing which he had dropped the programme and the college rolls as per provisions under note "C" to statute "4" under the heading "permission from the second and the following semesters." Further submits that the petitioner has already achieved the requisite target and more than 75% attendance during the three-and-a-half years has been spent in the college and it shall be difficult, rather impossible for him to change the provisions at this belated stage. Finally submits that the petitioner is practically condemned unheard.

3. Learned Legal Advisor of the Punjab University submits that the petitioner obtained two consecutive probations in 6th and 7th semesters by obtaining 1.91 and 193 CGPA respectively. Therefore, he was dropped from the programme and from the College Rolls as well. However, the petitioner's case was forwarded to the College Council for proceedings and the petitioner's request was not acceded to on the ground that the Council cannot re-admit any dropped out student, who could not complete his degree within an allowedable time as per University Regulations, which is five years for the Bachelors programme.

4. Arguments heard. Record perused.

5. It is the case of the respondent-University that the petitioner should have been completed his Degree Programme within the maximum period of five years for Bachelors Degree Programme but surprisingly the petitioner, who is admittedly did not complete five years, rather one year is left to his credit, so how he can be non-suited or dropped out from the Degree Programme or the College Rolls. When confronted with this ground the learned Legal Advisor for the University could not advance his arguments.

6. Practically in the present case it seems that the petitioner's case was not attended in its true perspective, rather the decision was made in haste.

7. Be that as it may the University Authorities must always take into consideration the hardship of the petitioner and should have attended to that aspect also. Relying on a judgment reported as Mst. Faheeda v. Government of Sindh through Secretary Health and 3 others (2004 SCMR 1828) and in a case reported as Muhammad Shakeel v. Vice Chancellor, University of Agriculture, Faisalabad (2005 CLC 1), the action of the University of the Punjab dropping out of the petitioner from the Bachelors of Information Technology (Honours) Programme as well as from the Rolls of the Punjab University College of Information Technology, University of the Punjab is declared illegal, is set aside.

8. The respondents are directed to allow the petitioner to join the programme of Bachelors of Information Technology (Honours Programme), which is stated to be continuing forthcoming. The instant writ E petition is allowed in the above terms. H.B.T./M-183/L Petition allowed.