2020 PLP 1745 (MLD)

AHMAD ALL J.

Petitioner through this Civil. Revision has called in question the vires of Judgment dated 17.10.2019 of the learned ADJ/MCAC Mardan whereby his appeal against the order dated 16.07.2019 of the learned Civil Judge-V Mardan, was dismissed.

2. Brief and essential facts for the decision of this revision petition are that the petitioner/plaintiff is a registered academic institute affiliated with Abdul Wali Khan University (AWKUM), Mardan. The petitioner being dissatisfied with the letter dated 08.03.2018 issued by the Director Academics of AWKUM, filed a suit seeking cancellation of the ibid letter and lifting of ban on the grant of new admissions in the programme 'Master in Public Health' (MPH). The petitioner also filed an application for the grant of temporary injunction seeking direction to the respondent-university to allow his student of MPH in the exams. However, his application for the grant of temporary injunction was dismissed by the learned trial court of Civil Judge-V Mardan vide order dated 16.07.2019, the appeal of petitioner/plaintiff also met with the same fate of dismissal vide order Judgment dated 17.10.2019 of the learned ADJ/MCAC Mardan. Hence, petitioner preferred this revision petition against concurrent findings of the two learned courts below.

3. I have heard arguments of the learned counsel for petitioner at length and have gone through the record with his able assistance.

4. The perusal of record reveals that the plaintiff is aggrieved of the letter dated 08.03.2018 whereby he was stopped from giving new admissions in the discipline of Master of Public Health (MPH) and the said letter is the main bone of contention. For sake of convenience, the letter is re-reproduced here-under: ABDUL WALI KHAN UNIVERSITY MARDAN (Directorate of Academics) Ph:0937-843366, Fax: 0937-843366 E-mail:directoracademic@awkum.edu.pk URL:www.awkum.edu.pk No.Dir/Acad/AWKUM/2018/6167 March 08/2018 The Principal, Mardan Institute of Sciences, Mardan. Institute of Health Sciences. Mardan, Buraq Institute of Higher Studies, Peshawar Subject: HEC'S POLICY REGARDING GRANT OF AFFILIATION IN DISCIPLINES NOT OFFERED AT PRINCIPAL SEAT OF THE UNIVERSITY Please refer to the subject cited above. It is to inform that HEC has barred the University from affiliating Institutions in disciplines not offered at principal seat of the University vide letter No. 15(03)/A&A/Acc/HEC-2016/1327 dated: November 17, 2016. Your Institutions were being affiliated in Master of Public Health (MPH) but MPH is not being offered at AWKUM as yet. In this regard, it is directed not to admit new students in the mentioned disciplines till further notification. Sd/- Director Academics"

5. Admittedly the AWKUM is not offering the Master in Public Health on its main campus. As the Universities of Pakistan and other Degree Awarding Institutes are bound by the academic curriculum and criteria specified by the Higher Education Commission; therefore, the AWKUM cannot go beyond the policy of the HEC. It is the policy of HEC that if a university is not offering a programme at its principal seat, then the same programme cannot be allowed to be carried out in the affiliated institutions. In view of the policy of HEC respondent-university has directed the petitioner-institute to stop new admissions in the MPH, however, no embargo was placed on the already admitted students to complete their MPH degree and thereby their rights were protected.

6. Besides, the Higher Education Commission was created through an Ordinance in 2002 with the sole object to improve and promote the higher education, research and development and for matters connected therewith or incidental thereto. The imposition of ban on the programmes in affiliated institutions, not being offered at principal seat of a university, vide policy/letter dated November 17, 2016, of HEC, referred in the impugned letter dated 08.03.2018, is the statutory mandate of HEC and it would be determined after the evidence as to whether such policy/ban is open to judicial review or not. Hence, no prima facie case existed in favour of the petitioner.

7. Besides, the policy of HEC was not for the petitioner-institute but it was for all the Universities, Degree Awarding Institutes and Affiliated Institutes/colleges. Similarly, the impugned letter dated 08.03.2018 of AWKUM was issued to three affiliated institutions including the petitioner. Hence, no aspect of discrimination or mala fide is there.

8. So far as the contention of petitioner as to the precious career of students is concerned, as stated in the preceding para, rights of all those students who were awarded admission in the MPH programme prior to letter dated 08.03.2018, have been protected as no ban or restriction on completion of their degree has been imposed. Thus, the balance of convenience does not tilt in favour of the petitioner. The petitioner-institute was explicitly and in unequivocal terms was directed vide supra letter, not to admit new students in the said discipline. Even then, petitioner for the sake of monetary gains granted new admissions in the MPH, and as such, he has not come to the Court with clean hand. Petitioner-institute being affiliated with the Abdul Wali Khan University, Mardan, was bound by the directives of the University; and as he was informed in time, therefore, no aspect of irreparable loss can be agitated.

9. Before parting with this judgment, I deem it apposite to mention here that my above observations will not be binding on the learned courts below while giving the final verdict on merits.

10. For what has been discussed above, the learned counsel for the petitioner has failed to point out any illegality or irregularity or jurisdictional defect in the concurrent findings of law and fact of the courts below, warranting interference by this Court. Resultantly, this revision petition having no merit is dismissed in limine with no order as to cost. ZC/103/P Revision dismissed.