2020 PLP 1870 (MLD)

MIRZA VIQAS RAUF, J.

The petitioner is a pupil of law, who completed his intermediate education in the year 2018 and got admission in Muslim Law College five years programme in Bachelor of Law (LLB) on 04th April, 2019. It is the grievance of the petitioner that despite completion of his course of Part I with the law College, he has not been allowed by the University of Punjab to take part in the upcoming examination, so he sought following relief:-- "Under the circumstances, it is, therefore, humbly prayed that the present Writ Petition may very kindly be admitted and accepted and the following relief may very graciously be awarded to the petitioner with cost:-

1. Directing the Respondents Nos.1 and 2 to maintain and process the examination form of the petitioner and roll number slip be issued to the petitioner for appearing in the exam.

2. Directing the respondents from doing any illegal act which deprived the petitioner from his education carrier and Respondents be permanently restrained from doing any illegal act or omission which may result the petitioner irreparable loss.

3. Declaration to this effect that there is a no law or policy to allow the Respondents for this objections and if there is any policy adopted by the Respondents that is also illegal and against the natural justice and Constitution.

4. Any other appropriate and better relief in the circumstances of the case may also graciously be awarded to the petitioner."

2. The respondent University has arranged its representation through Mr. M.D. Shahzad Khan, Advocate, who at the very outset tried to justify the act of University of the Punjab Act, 1973, while referring regulation No.5 of the Faculty of Law regarding Statutes and Regulation of LL.B (05-Years Program) for the affiliated Colleges under Annual System with effect from the Academic Session, 2016 and onward.

3. After having heard learned counsel for the petitioner as well as learned counsel for the respondent University, I have perused the record.

4. The moot point involved in the instant petition is that as to "whether act of the respondent University to restrain the petitioner from taking part in examination is justified or not?

5. Regulation No.5 of the Faculty of Law regarding Statutes and Regulation of LL.B (05-Years Program) for the affiliated Colleges under Annual System with effect from the Academic Session, 2016 and onward deals with the matter in issue, which reads as under:-- "

5. The Examination shall be open to any person who:- (i) has passed intermediate examination from any Board or any other equivalent examination. (ii) has been on the rolls of the University Law College, Punjab University, Lahore or an affiliated Law College as the case may be in LL.B Part-I during the academic year preceding the examination. (iii) has his name submitted to the Controller of Examinations by the Principal, University Law College or an affiliated Law College as the case may be; and (iv) produces the following certificates signed by the Principal, University Law College, Punjab University, Lahore or Principal of an affiliated Law College, as the case may be,: (a) of good character; (b) of having attended not less than two thirds of the lecture delivered to his class during the academic year preceding the examination; and (c) having attended not less than two-thirds of the tutorial meetings held for his class during the academic year preceding the examination. Provided that the Principal of the University Law College, Punjab University, Lahore, or the Principal of an affiliated Law College, as the case may be, may condone for valid reasons deficiency up to 5% of the lecturers in written papers and 5% in tutorial meetings. Candidates falling short of lectures or tutorial meetings above this percentage shall not be permitted to appear in the examination but may be permitted to appear at the next examination if they make up the deficiency and also attend two-thirds of the lectures delivered up to the date of commencement of the next examination by remaining on the rolls of a college as regular students. Provided further that the Syndicate or the determining authority under Regulation 4 of Chapter III of Part III (Volume I of the Calendar) shall have power to exclude any candidate from the examination, if it is satisfied that such a candidate is not a fit person to be admitted thereto; (Underlining supplied for emphasis) It is manifestly clear from the above that only such person can take part in the examination, who has been on the rolls of the University Law College, Punjab University, Lahore or an affiliated Law College, as the case may be, in LL.B Part-I during the academic year preceding the examination. It is an admitted fact that the petitioner got admission in Muslim Law College on 04th April, 2019 and as such he is on the rolls of the said college from the current year, he is thus not entitled to take part in the examination to be held in the year 2019 as per mandate of regulation ibid.

6. For the foregoing reasons, the instant petition being devoid of any merits is dismissed in limine. SA/M-86/L Petition dismissed.