P L D 1964 (W (PLP)

ANWARUL HAQ, J.‑This judgement will dispose of' Writ Petitions Nos. 248 and 552 of 1964 which raise identical questions. The two petitioners (Hamid Javed in W. P. No. 248 and Khalid Javed in W. P. No. 552) were selected for admission to the Government College of Engineering and Technology, Lahore (now called the West Pakistan University of Engineering and Technology in the year 1960 as nominees of the Ministry of Defence, Govern ment of Pakistan, under the Civilian Scholarship Scheme sponsored by that Ministry.

2. On the 12th of February 1963, the Officer Incharge of this Scheme addressed a letter (Annexure "B" to W. P. No. 248) to the petitioner Hamid Javed informing him that it had been decided by General Headquarters that he should resign from the President ship of the University Union forthwith because of his poor progress in the class. The petitioner was further warned in this letter that he was liable to be discharged from the Scheme and the University due to misbehaviour and also liable to pay to the Government certain amounts as laid down in various letters of the Ministry of Defence bearing on the subject. This was followed by another letter on the 31st of March 163 (Annexure "C" to the first writ petition) in which Hamid Javed was informed that he had been expelled from the Civilian Scholarship Scheme on account of his extremely poor performance, academic as well as social. He was further told that his name had been deleted from the list of Defence Services Scholarship Scheme and as such he was not eligible to appear in any examination from a Defence Side. Finally, the Registrar of the West Pakistan University of Engineering and Technology addressed a communication (Annexure "." to W. P. 1Vo. 248) to Hamid Javed on the 6th of April 1963 stating that "since the Military Authorities have expelled you from the Civilian Scholarship Scheme with effect from 31‑3‑1963 and as you were on the rolls of the University as a nominee of the Defence Department under the above cited Scheme, in consequence thereof you have ceased to be on the rolls of this University with effect from the above‑mentioned date".

3. In the case of the petitioner Khalid Javed the course of events was more or less similar, except that the reason for his ex pulsion from the Civilian Scholarship Scheme (hereinafter referred to as the Scheme) was different. On the 4th of March 1964, Khalid laved was informed by the Officer Incharge of the Scheme (vide Annexure "C" to W. P. No. 552) that he had been declared medically unfit and as such he was expelled from the Scheme, and his name had been deleted from the list of Defence Services Scholarship Scheme and as such he was not eligible to appear in any examination from the Defence Side. On the 31st of March 1964, the Registrar of the University intimated to Khalid Javed (vide Annexure "D" to the second writ petition) that he was not allowed to attend the classes and continue his studies at the University in view of his expulsion from the said Scheme with immediate effect.

4. The petitioners do not challenge the orders passed by the Ministry of Defence, Government of Pakistan, expelling them from the Scheme of that Ministry; but they contend that their expulsion from the Scheme does not amount to their expulsion from the University and they have accordingly a right to continue their studies as ordinary students. It is argued on their behalf that they are "admitted students" of the University, and as such they could be expelled from the University only by the University Authorities acting under the provisions of the University Ordinance of 1961 and the various rules and regulations made thereunder and that their expulsion from the University under the orders of an outside agency is illegal. It is submitted that several other Civilian Scholars, who had been expelled from the scheme by the Ministry of Defence, have been allowed to continue as ordinary students, but this has been denied in the case of the petitioners. Finally, it is contended on behalf of the petitioner Hamid Javed that action in his case is mala fide result ing from the enmity and ill‑will borne towards him by a member of the teaching staff, namely, Professor S. M. Ahmad due to certain events which took place in connection with the students' strike at the University.

5. In both the petitions written statements have been filed on behalf of the University and, briefly speaking, the stand taken is that the petitioners are not "admitted students" of the University but merely nominees and candidates of the Ministry of Defence, with which they had entered into an agree ment, and they were subject to the control of that Ministry in accordance with the terms and conditions of their agreement. It is stated that the petitioners have not been expelled by the University but by the Defence Authorities and that the University could not allow them to continue their studies after it received instructions from the Defence Department that the petitioners had been discharged from their Scheme and were no longer their candidates or nominees. In the case of Hamid Javed the allegations of mala fide on the part of Professor S. M. Ahmad are controverted. Certain explanations have also been given with regard to the retention of some of the Civilian Scholars who had teen expelled from the Scheme by the Ministry of Defence.

6. It has already been stated that the two petitioners were selected for admission in the year 1960, when the present University bad not yet come into being, and the institution was known as the Government College of Engineering and Technology, Lahore. A copy of the Prospectus for that year has been placed on the record and we find that the question of admission of students is dealt with in paragraph 9 on page 5 of the Prospectus. The following extracts of the relevant portions of this paragraph will be useful:‑‑‑ "

91. In all 125 students will be admitted to the First year. This number will be suitably revised in case arrangements for shifting the Licentiate Class (B Class) from the College are made before the commencement of the Session, i.e. 1st September

190. The allocation of seats will be as follows :‑ I. On all Pakistan Basis‑ (a) Defence Department‑ Nominees of the Defence Department 30 (b) Civilian Candidates 4 Civil, Mechanical and Electrical Engineering. Mining Engineering 4 Total 38 II. * * * * * * III. * * * * * * IV. * * * * * *

7. In Paragraph 9.2 of the Prospectus the minimum educational qualifications and age limits are prescribed. It is stated that candidates must have passed the Intermediate examination with Mathematics, Physics and Chemistry of the Board of Secondary Education, Punjab or other examination recognised by the Academic Council of the Punjab University for admission to the First Engineering Examination. In Paragraph 9.3 it is stated that for the 95 Civilian seats, i e., other than those reserved for nominees of the Ministry of Defence, admissions within each area will be made strictly in order of merit determined by the actual marks obtained in the Punjab University/Board of Secondary Education, Punjab, Examination.

8. Prospectus for the session 1962‑63 and 1963‑64 relating to the West Pakistan University of Engineering and Technology have also been placed on the record and we find that the relevant provision regarding the admission of students has remained practically unchanged. In the Prospectus for 1962‑63 Paragraph 7 states that the number of students to be admitted is 300 out of which 30 seats are allocated to the nominees of the Defence Department. In the Prospectus for 1963‑64 it is stated in Paragraph 6 that the number of students to be admitted is 304 out of which 20 seats are allocated to the nominees of the Defence Department.

9. A perusal of the provisions relating to the admission of students, as given in the three successive Prospectuses of the institution, shows that the total number of seats available for students in the First Year Class in each academic session fixed by the authorities, and out of these seats a specified number is allocated to the Ministry of Defence for their nominees, and the remaining seats are further allocated between different areas of West Pakistan. It is, however, clear that the allocation of seats is merely for the purpose of regulating admission to the College or University, and the students selected against seats allocated to different areas or to the Ministry of Defence are enrolled as students of the University. All these students are required to undergo the same course of studies or training and all of them are subject to the discipline of the University.

10. At the same time, the nominees of the Ministry of Defence are subject to a second discipline as well, namely, that of the Army Authorities, as is clear from the provisions of the Scheme, a copy of which is available at Annexure "A" to W. P. No.

552. This Scheme lays down the various conditions of eligibility, some of which are clearly in addition to those laid down in the Prospectus of the College or the University. The minimum education required is the same, namely, Intermediate Science Examination with Mathematics, Physics and Chemistry, but it is stipulated that the candidates will have to qualify in a test and interview by the inter Services Selection Board, and will also have to be declared medically fit by an Army Medical Board. The Scheme includes a description of ineligible candidates, which is peculiar to the applicants for this Scheme. Finally, the Scheme mentions that the selected candidates will be given a stipend of Rs. 120 per mensem plus tuition, College and University examina tion fees which will be paid by the Government and the selected candidates will be required to enter into an agreement with the Government to serve for a minimum period of seven years in the Army after commissioning.

11. In order to determine the exact status of the students nominated by the Ministry of Defence under the Scheme it appears necessary to refer in greater detail to some of the specific provisions contained in the Scheme. The opening lines of the application form prescribed under the Scheme are worded thus :‑ "Instructions for Candidates Applying for Admission to the Government College of Engineering and Technology, Lahore Under the Civilian Scholarship Scheme." This heading makes it clear that basically the Scheme is one in connection with the admission of students to the Government College of Engineering and Technology, Lahore, but in order to ‑‑ire the services of the students for the Army, on the completion of their course of study, provision is made for the grant of stipends as well as the payment of their tuition fees etc. In order to ensure that only those persons are selected for entry into the College who will ultimately be found fit for Army, service, the Scheme provides that the candidates will have to undergo certain physical and mental tests arranged by the Army, but after the candidates have passed these tests, they have to attend the regular course of studies at the Engineering College and have to obtain Engineering Degrees like the other students admitted along with them against the Civilian seats. It is clear to us therefore, that whatever the advantages or disadvantages which may attach to the tenure of a scholarship or stipend under the Scheme the Civilian Scholar becomes a student of the Engineer ing College or University like the other students, once he is selected or nominated by the Ministry of Defence acting through G. H. Q.

12. The Scheme has various penal provisions which clearly show that if the performance of the Civilian Scholar is not satisfactory, then he is liable to be expelled from the Scheme, but these provisions do not speak of expulsion from the University. For instance, Paragraph 15 of the Application Form lays down that "the students will be liable to expulsion from the Scholarship Scheme if they fail in any College or University examination or misbehave during the course. If they are expelled due to misbehaviour they will be liable to pay to the Government all expenditure incurred on them by the Govern ment".

13. The full detail of the Scheme have also been placed on the record by the respondent‑University along with its written statements. The terms and conditions, as given in an Appendix to the Government of Pakistan, Ministry of Defence's letter dated the 5th of June 1957, show that the intention of the Scheme is "to offer scholarships to potential E. M. E. officers for them to obtain Engineering Degrees before commissioning." This intention is worded somewhat differently from the heading which appears on the application form to which reference has already been made, but the fact remains that here again the intention is to enable the potential officers to obtain Engineering Degrees, and in order to obtain such degrees they have to undergo tile prescribed course at the Engineering College or University. Paragraph 7 of this annexure states that "students may be expelled from the Scholarship Scheme if they fail in any College, University annual or supplementary examinations or misbehave during the course The discretion to expel students will be with the administrative authorities at G.H.Q. in consultation with this Ministry. If they are expelled due to misbehaviour they will be liable to pay to the Government all expenditure incurred on them from the time ref joining to the time of leaving the College". It was contended Never. Chauhan, that this paragraph shows that expulsion from the Scheme means expulsion from the; College as well, as the expelled scholar has to refund all the expenditure incurred on him from the time of joining to the time of leaving the College. We consider that the intention that expulsion from the Scheme must also automatically result in expulsion from the College cannot be left to be inferred by implication alone. Paragraph 7, just mentioned deals primarily with expulsion from the Scheme and the anxiety of the Ministry of Defence seems to ensure the refund of the expenditure incurred on the expelled scholar by the Government. This paragraph, therefore, is not an authority for the proposition that expulsion from the Scheme must mean expulsion from the College or University as well.

14. Again, Paragraph 13 of the Annexure to the Ministry of Defence Letter is relevant and lays down that, each Civilian Scholar will be medically examined at the end of each academic year, and any scholar found permanently medically unfit will be expelled from the Scholarship Scheme. It is added that such cases will not bf: liable to reimburse their training cost to the Government as laid down in para. 7 above. Paragraph 15 of this annexure deals with the question of resignation from the Scheme and it is laid down that if a scholar desires to resign from the Scheme, he will reimburse the Government by Rs. 2,000 if he resigns during the first 12 months of receiving the stipend; Rs. 4,000 if he resigns after 12 months of receiving the stipend and Rs. 6,000 if he resigns after 24 months of receiving the stipend. Finally, Paragraph 16 lays down that if a scholar desires to resign after receiving his commission but before the 8th year of his commission he will be liable to pay the amount mentioned in the annexure to this Appendix.

15. A perusal of the various paragraphs of the Scheme dealing with disciplinary matters leaves no doubt that the primary anxiety of the Ministry of Defence is to ensure that the money spent on the training of these scholars is not wasted and therefore, provision is made for the refund of the expenditure in case the scholar is expelled from the Scheme or is permitted to resign therefrom. These paragraphs do not, in our view, necessarily lead to the conclusion that expulsion from the Scheme means automatic expulsion from the College or University. If indeed the intention of the Ministry of Defence had been that expulsion from the Scheme must invariably mean exclusion from the College or University, there was nothing to prevent that intention from being made clear; instead the Ministry of Defence has con tented itself by only laying down the scale of reimbursement which it would insist upon in the event of a scholar resigning or being expelled from the Scheme. In these circumstances, we do not see any difficulty in the way of the expelled Civilian Scholar con tinuing as an ordinary student on the rolls of the University, especially when it is remembered that the admission under the Scheme can only be to the First Year arid not to any of the subsequent years, with the result that if a Civilian Scholar is expelled from the Scheme as well as the University in the second or subsequent years, his seat will have to remain vacant for the remaining period of that degree course.

16. The learned counsel for the petitioners referred us to Ismail v. Principal Dow Medical College, Karachi (P L D 1957 Kar. 493) and A. Rehman Kureshi v. Principal, Dow Medical College, Karachi etc. (P L D 1957 Kar. 534), in which similar questions hard arisen. The first case is particularly relevant. The petitioner in that case was given provisional admission to the Dow Medical College, Karachi, as a nominee of the Ministry of States and Frontier Regions for the areas of Mangrol and Bantwa, but subsequently the Ministry concerned cancelled his nomination and instead nominated other candidates from Junagadh and Manavadar. Their Lordships held that once a student has been admitted duly, he acquires the status of an admitted student and he can only be deprived of that status as provided by the University Act. This view was followed in the subsequent case, although the facts of that case were slightly different. We are in respectful agreement with the principle enunciated in these two cases. The University is an autonomous body functioning under its own statutes, and having its own system of discipline and punishments. Once a student has been admitted to the University or College, according to the regulations in force in that behalf, he acquires the status of an admitted student, and certain rights and privileges, as well as obligations, attach to that status, and the student has a right to be dealt with in accordance with the relevant statutes. We are of the view that the two petitioners before us were duly admitted as students of the Government College; of Engineering and Technology now converted into the West Pakistan University of Engineering and Technology, and their expulsion from the Scheme of the Ministry of Defence cannot deprive them of the status of enrolled or admitted students of the University. They continue as such students until such time as they are expelled from the University in accordance with fate relevant statutes and regulations. It is, however, concede) that the University Authorities have not exercised their own judgment in accordance with the University Rules and Regulation nor have they observed the prescribed procedure, in passing the impugned orders against the petitioners, but have merely acted mechanically In view of the expulsion of the petitioners from the Scheme. Such being the case, the two petitioners are entitled to continue their studies at the University and to take the normal examinations for which they are eligible. The only disqualification which has been imposed upon them by the order of the Ministry of Defence is that they are no longer beneficiaries under the Scheme of that Ministry and they cannot appear in any examination from the Defence side.

17. For the reasons given above, we accept both the petitions and set aside the orders of expulsion passed against the petitioners by the Universities Authorities as being of no legal effect. There will be no order as to costs. K. B. A. Petitions accepted.