2009 PLP 1441 (MLD)
MUHAMMAD MUSTANSAR MAQBOOL — Petitioner Versus BAHA-UD-DIN ZAKARIYA UNIVERSITY through Vice Chancellor and 2 others — Respondents
| Citation | 2009 PLP 1441 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD MUSTANSAR MAQBOOL — Petitioner Versus BAHA-UD-DIN ZAKARIYA UNIVERSITY through Vice Chancellor and 2 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 1441 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1441 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1441 (MLD) (MUHAMMAD MUSTANSAR MAQBOOL — Petitioner Versus BAHA-UD-DIN ZAKARIYA UNIVERSITY through Vice Chancellor and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Jaffar Tayyar Bukhari for Petitioner.
Headnotes / Summary
Art.199
Constitutional petition
Dropping of candidate from college' rolls
Petitioner was dropped from college rolls due to low CGPA/GPA
CGPA of the petitioner in the fourth semester was 1.83, whereas required CGPA as per University Rules in fourth semester, was 2.00 out of 4.00
Rules which the petitioner had placed on the file were not of the concerned University but were Regulations of another University
Even otherwise constitutional jurisdiction could not be invoked to compel the University to bypass the application of Rules uniformly to all the students
High Court in constitutional jurisdiction, could not replace its own opinion
Constitutional petition was not competent in circumstances.
Judgment & Decree
SYED HAMID ALI SHAH, J.
Petitioner was dropped from college rolls vide letter, dated 5-9-2008 (impugned herein), due to low CGPA/GPA. Admittedly CGPA of the petitioner in the fourth semester is 1.83. The required CGPA, as per University Rules, in fourth semester, is 2.00 out of 4.00.
2. Learned counsel for the petitioner contended that CGPA of 2.00 is required for qualifying the award of degree, after completion of all the semesters. The respondents, without awaiting for the result of the petitioner in the final semester, have dropped him illegally. The petitioner was required to obtain 1.00 CGPA for his promotion to the next semester as per Regulations of the University. Learned counsel contended that University has received and the petitioner has deposited the fee on 30-6-2008 for final semester, therefore, the University is estopped to deny the petitioner's admission in the final semester.
3. The petitioner has annexed with the instant petition Rules. At page 18, wherein it' is mentioned that minimum CGPA of 0.75 is required at the end of second semester while CGPA of 1.00 at the end of any of the semester so as to impel the student to get the minimum CGPA of 2.20 required for qualifying for the award of degree CGPA of 2.20 is required for the award of degree. The Rules which the petitioner have placed on the file are not of Bahauddin Zakariya University Multan, but are Regulations of Agriculture University Faisalabad. He emphasized that as per Rules, the required GPA for fourth (4th) semester is 2.00. The petitioner has not obtained the required level and was dropped in the final semester according to the prevalent Rules. The petitioner as per Rules of the respondent University, has failed to acquire minimum qualification, therefore, he was rightly dropped from the rolls of the college.
4. The constitutional jurisdiction cannot be invoked to compel the University to bypass the application of Rules uniformly to all the students. The Court in writ jurisdiction, cannot replace its own opinion. The writ in this situation, is not 'competent and reference in this regard can be made to the cases of "Ali Yousuf and another v. Chairman of Academic Council and Principal, DOW Medical College, Karachi and others" (2000 SCMR 1222), "Rashid Nawaz and 7 others v. University of the Punjab through Vice-Chancellor, Lahore and 3 others" (PLD 2007 Lahore 78) and "Yahya Gulzar v. Province. of Punjab through Secretary Health, Government of Punjab Lahore and 3 others" (2001 CLC 9).
5. For the foregoing, this petition has no merit and is accordingly dismissed in limine. H.B.T./M-422/L Petition dismissed.