2017 PLP 368 (YLRN)

MUHAMMAD FARRUKH IRFAN KHAN, J.

Grievance of the petitioner is that respondent No.1 (HEC) has refused to attest his degree of Bachelor of Business Administration (BBA) in Finance awarded to him by Lahore School of Economics (Respondent No.2) for want of Equivalence Certificate for A-Level from the IBCC.

2. Learned counsel for the petitioner submits that the petitioner sought admission in the Lahore School of Economics for BBA Finance in the year 2003 on the basis of "A" Level; that being eligible the petitioner was granted admission in the said institution and awarded degree in the year 2006; that the petitioner also obtained a degree in Bachelor of Business (Human Resource Management) from Swinburne, University of Technology, Australia; that the petitioner applied for Canadian Immigration for which attestation of his degree by the HEC was required, therefore, he approached HEC for attestation of his degree but they refused to do so by explaining that he did not study compulsory subjects such as Pakistan Study in A-level, therefore, his degree could not be attested unless IBBC issued equivalence certificate to him.

3. According to learned counsel for the petitioner this requirement by the HEC is devoid of any legal backing; that the degree was issued to the petitioner by the HEC recognized institution and the petitioner seeks only its attestation for which there is no need of equivalence certificate in particular when the degree awarding institution confirms the authenticity of the degree; that the petitioner obtained the degree in the year 2006 and till 2013 there was no requirement of HEC for obtaining equivalence certificate before attestation of the transcript/ degree; that the said condition was made applicable from the year 2014 as such the same could not be given retrospective effect; that no rule in this regard as required under section 21 of the Higher Education Commission Ordinance, 2002 was framed as such on the basis of any policy or SOP for the relevant period, HEC cannot refuse attestation of the degree.

4. Conversely, learned counsel for HEC submits that as per procedure and Standard Operating Procedure (SOP), Secondary School Certificates and Higher Secondary School Certificates issued by Pakistani Boards require attestation by the IBCC for bachelor program and onward degree; that as per system of education in Pakistan only Intermediate or its equivalent level (recognized from IBCC) are allowed to get admission in the Bachelor degree program; that the petitioner obtained A levels from Foreign Educational Institutions as such without obtaining Equivalence Certificate from the IBCC he was not eligible to obtain admission in the Bachelor program; that respondent No.2 had not followed admission criteria according to the guidelines of the HEC; that according to clause-V(3) of the application form equivalence of O & A level certificate is required as such request of the petitioner for attestation was declined. Relies on Miss Mobeen Sheikh and others v. The Federation of Pakistan and others (1998 SCMR 2701).

5. Learned counsel for respondent No.2 submits that Lahore School of Economics is a chartered degree awarding institution duly recognized and accredited by the HEC; that criteria of acquiring equivalence was not put in force by the HEC prior to 2013, therefore, the respondent granted admission to the students on the basis of 'A' level without having passed the subjects of, inter-alia, Pakistan Studies and Islamiyat; that respondent No.2 being a chartered university, is a member of Degree Awarding Institution's Board and it has been awarding degrees for the last fifteen years; that SOP was issued after 2014 and even in their report this question has been evasively replied by HEC inasmuch as it has appended along with the report format of the SOP which does not bear any date since when it has been invoked; that requirement of Equivalence Certificate by the IBCC was not notified in the gazette rather the same was introduced in the attestation form; that if the HEC wishes to apply certain criteria for admission it cannot be given effect retrospectively; that the petitioner is a bonafide graduate of respondent No.2 which has no objection for attestation of his degree.

6. Learned counsel for the IBCC submits that Equivalence Certificate is required at the time of admission to any Educational Institution in this country; that in the present case the petitioner requires attestation of his degree obtained from respondent No.2 for the purpose of Canadian immigration as such Equivalence Certificate required by the HEC from IBCC is not justified and will not serve any useful purpose.

7. I have heard the arguments advanced by the learned counsel for the parties and gone through the record.

8. The petitioner applied for admission in BBA Finance to respondent No.2 in the year 2003 on the basis of "A" Level. The criteria for admission laid down in the prospectus approved by the Board of Governors for the academic year 2003-2004 reads as under:- "Admission into the Lahore School Program is regulated through entrance examination and interview process. Entrance requirements for the BBA Programmes are (i) FA/FSc in not less than second Division or (ii) American High School Certificate or (iii) GCE 'A' level passes in 2 subjects." According to the aforesaid criteria there was no such requirement for obtaining Equivalence Certificate from the IBCC. The petitioner duly fulfilled the aforesaid criteria as such he obtained admission and after completing all academic requirements, he was awarded degree of Bachelor of Business Administration in Finance by respondent No.2 in the year 2006.

9. The Higher Education Commission was established for the purpose of improvement and, promotion of higher education, research and development under Higher Education Commission Ordinance, 2002. According to section 10(d) of the Ordinance ibid, the Commission is empowered to prescribe conditions under which institutions, including those that are not part of the State education system, may be opened and operated. If the requirement of Equivalence Certificate was necessary for admission in the Bachelor program as alleged before this Court, the same should have been prescribed and informed by the HEC to respondent No.2 at the relevant time but there is nothing on the record to show that HEC has issued any instructions to respondent No.2 in this regard uptil now. Respondent No.2 is a renowned institution of the country imparting education inter alia in the business programs and keeping in mind the criteria of admission in the prospectus the petitioner applied and obtained degree from it, therefore, questioning his eligibility to obtain admission for the said program would create complete chaos for graduates, who have obtained degrees or have been admitted in various disciplines uptil the year 2014 in such like institutions. In case reported as Ghulam Mustafa v. Mehran University of Engineering and Technology Jamshoro and 3 others (1984 MLD 654) it has been laid down as under:-- "Petitioner's right for admission in the college in our opinion was to be decided on the basis of prospectus issued by the University, since he had already applied on its basis within the time fixed and had been interviewed particularly in absence of any provision in the prospectus itself or in any other law or rules empowering to give to any decision of the Syndicate retrospective effect notwithstanding the accrual of any right meanwhile. Therefore, the petitioner's right to admission was to be governed by the provisions of the prospectus as it existed at the time within which the application for admission was to be filed."

10. Moreover, the petitioner seeks mere attestation of his degree of Bachelor of Business Administration in Finance by the HEC and does not require its equivalence. The word "attest" is defined in the Black's Law Dictionary as "to affirm to be true or genuine". From this meaning it is abundantly clear that HEC is just to affirm whether the degree of the petitioner is genuine or not and this fact can be ascertained from the degree awarding institution which in the present case fully recognizes /accepts the degree of the petitioner. HEC has failed to bring on record any rules, regulation or even procedure which it has to undertake while dealing with such like matters. The only material available on record in this regard is a SOP or application form for attestation of degree. As far as the SOP is concerned, the same is silent as to the fact as to from which date it is operative. No doubt according to the application form for attestation of degree for the year 2014, there is a requirement for producing Equivalence Certificate from the IBCC in case of 'O' or `A' level but the learned counsel, for the petitioner has placed on record application form for attestation of degree for the year 2013, when there was no such requirement available. It is thus quite evident that this condition was made applicable from the year 2014. The petitioner has passed his graduation program in the year 2006 as such this condition cannot be made applicable upon him by giving it retrospective effect. Reliance is placed on cases reported as Chief Administrator Auqaf v. Mst. Amina Bibi (2008 SCMR 1717).

11. To my mind, attestation of a degree/diploma by the HEC is for the purpose of verifying its genuineness or authenticity. As has earlier been held, HEC is empowered to prescribe certain conditions under which public or private institutions may be opened and operated, therefore, if it deems appropriate and necessary that any modification/alteration in the admission policy of the universities/degree granting institutions and procurement of Equivalence Certificate issued by the IBCC as part of the admission criteria, it may frame rules as required under section 21 of the Ordinance ibid and notify them in the official gazette. Without undertaking such an exercise, the act of HEC declining a request of the petitioner or any one else in the future for attestation of his/her degree, (which has been obtained in accordance with the admission policy in vogue at the relevant time), is illegal, arbitrary and without any lawful authority. Case law relied upon by HEC is distinguishable inasmuch as the cited judgment relates to the admission in the medical colleges of the candidates who were having degrees/certificates from different institutions to equate with the required qualification whereas the case in hand, is a straightforward case of attestation of a degree which is issued by a degree awarding institution as such the same has no relevancy in this matter.

12. For what has been discussed above, this writ petition is allowed. Respondent No.1 is directed to attest the degree of Bachelor of Business Administration in Finance awarded to the petitioner by respondent No.2 forthwith but not later than 90 days from the date hereof. SL/S-111/L Petition allowed.