2006 PLP 506 (CLC)

SH. JAVAID SARFRAZ, J.

Briefly the facts of the case are that the petitioner appeared under Roll No.111/93 in the Matriculation Examination (General Group) Registration No.2003-MN-00920214, in the year 2005 and passed examination by obtaining 446 marks, after which she submitted her forms in the Government College for Women, Kutchery Road, Multan, at Sr. No.1904 but admission was denied to her. Through this petition, the petitioner seeks a direction to record admission to her in the said College in 1st year class, Sessions 2005-2007.

2. It was contended by the learned counsel for the petitioner that the students obtaining 315 marks were allowed admission in the 1st year but the petitioner, who obtained 446 marks, had been refused and this refusal of admission to the petitioner in the college was against the rules.

3. The learned Assistant Advocate-General argued that the petitioner failed in the paper of General Science in Class 9th and this paper was carried over in the 10th class and in the 10th class she had failed in Mathematics paper, thus, she had failed in two subjects in matriculation and accordingly the Principal declared that she was not eligible for admission as she had cleared these papers subsequently in the supplementary examination. He further referred to para.12 of the terms and conditions relating to the admissions (mentioned in the prospectus) and submitted that right of admission or refusal exclusively vested with the Principal and the conditions for admission could be changed by the Principal and the College Council from time to time.

4. Tariq Mahmood, Assistant, Legal Cell, representative of the Board of Intermediate and Secondary Education, Multan, was called in the Court and he submitted that according to the rules, if a candidate failed in 9th class, he was allowed to take examination of 10th class, therefore, there was no supplementary in the 9th class.

5. Mansoor Akhtar, Assistant Examination Matric, submitted that there was no requirement of the Board of Intermediate and Secondary Education, Multan that a candidate who had passed in supplementary examination or had previously failed in any paper could not be admitted in any college and it was up to the Principal of each college to admit the student strictly on merits. It was further submitted that the petitioner had failed in one subject in General Science in 9th class which she passed and she also failed in mathematics paper in 10th class. Subsequently, she cleared both the papers in supplementary examination, 2005. She was, therefore, entitled to admission in any college in the 11th class within the schedule period as given by the Board. The petitioner was, therefore, eligible to be admitted in first year in the Government College for Women, Multan (respondent). Muhammad Abdullah, the representative of the respondent also submitted that there was no condition laid down in the prospectus of the college by which any student who had failed in 2 subjects in matric examination but subsequently, cleared in supplementary examination was not entitled to the admission in the college.

6. The respondent/Principal of the college appeared on Court's direction and when confronted with this position, she stated that she wanted to improve the standard of the college, therefore, it was decided that a student having failed in 2 subjects in matriculation examination and having cleared the same in supplementary examination would be refused admission.

7. Arguments of learned counsel for the petitioner as well as learned Assistant Advocate-General have been heard at great length, therefore, this shall be treated as admitted case.

8. The petitioner failed in the paper of General Science in class 9th and she was allowed to take this paper along with her examination of 10th class and in the 10th class she failed in mathematics paper, subsequently, she passed in the General Science and mathematic papers. She was refused admission in the Government College for Women, Kutchery Road, Branch on the ground that although she had cleared her matriculation examination but since she had failed in two subjects in 10th class (General Science and mathematics), therefore, she was not eligible for admission in that college.

9. The petitioner had failed in one subject in 9th class, which she was allowed to appear along with her matric examination. So in fact she had failed in only one subject in matric (and that is of mathematics) and not 2 subjects. Prospectus of Government College for Woman Kutchery Road, Multan, has been perused, it has not been mentioned therein that a student, who had failed in one subject in 9th class and one paper in the 10th was not eligible to admission in this college. For ready reference the relevant portion is reproduced hereunder:-- The above would show that no such condition has been imposed in the prospectus which the college authorities are now trying to impose. This prospectus has been issued by the college itself and is thus, to be followed by every one, including the College authorities. Yasir Arfat v. Vice-Chancellor, Mehran University and others 2000 CLC 393 (DB) is relied upon.

10. The Board of Intermediate and Secondary Education, Multan, regulates and controls all the colleges, in particular the admissions of students. In this respect Regulation No.3 is relevant and is reproduced c hereunder: "The Board shall have the power to make Regulations consistent with the Act on all or any of the following matters in addition to those given under section 20(2) of the Act:-- (1) Admission of students to Institutions;"

11. Mansoor Akhtar, Assistant Examination Matric, submitted that the Board had not placed any such restriction on the admission of students that the Principal had imposed. The only requirement as mentioned in the letter No.136.1 dated 10-10-2005 issued by the Board of Intermediate and Secondary Education for the Sessions 2005 to 2007 is as follows:-- According to para. 6 of the terms and conditions relating to admission as mentioned in the Prospectus, it has been clearly laid down that the admission in college will be according to the Policy of the Government. Needless to add, that this policy is applicable to the students as well as the college authorities. In this letter also no such condition has been laid down by the Government, which has been imposed by the present Principal.

12. The learned Assistant Advocate-General had relied upon the Prospectus and submitted that the Principal and College Council could change the conditions relating to the admissions. Needless to add, that the Principal is to exercise her powers judiciously and not arbitrarily. The Principal or College Council can change the conditions for regulating the admissions of college but the same changes should be made in the prospectus before they are handed over to a student as before applying for admission, the student should know that whether he/she is eligible for the admission or not? Arbitrary change in Prospectus after its issuance is not desirable. Obviously, if this condition had been made in the Prospectus, the petitioner would have applied in another college and not in this college. The petitioner had fulfilled all requirements as laid down in the Prospectus for admission, which is also evident from the statements of the Representative of the Board as well as that of the respondent. Accordingly, it is the right of the petitioner to be admitted in this college. Hamidullah Jan v. Sports Selection Committee and 1984 CLC 149 (D.B.) is referred. A valuable right has accrued in favour of the petitioner. The respondent is not legally competent to deprive her of this vested right.

13. In light of what has been discussed, viewed from all sides, the petitioner is eligible to the admission in the 11th class for the Sessions 2005 to 2007 in the Government College for Women, Kutchery Road, Multan.

14. While accepting this petition, the act of the respondent refusing admission to the petitioner is illegal and she is directed to admit the petitioner in F.A. for the Session 2005 -2007 in the College. There shall be no order as to costs. S.A.K./N-6/L Petition accepted.