2011 PLP 2834 (YLR)

MUHAMMAD FARRUKH IRFAN KHAN, J.

This writ petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan with the prayer to issue a direction to respondents Nos.1 and 2 to forthwith arrange for holding of Viva Voce Examination of the petitioner regarding issuance of M. Phil (Pharmaceutics) Degree to the petitioner.

2. Brief facts of the case as narrated in the petition are that the petitioner being a scholar of M. Phil (Pharmaceutics) for Session of the year 2008-10 in Baha-ud-Din Zakariay University, Multan completed his research work/thesis, which was approved by respondent No.4/Supervisor of the petitioner, who sent the same to the Chairman/respondent No.2 for conduct of Viva Voce Examination of the petitioner through respondent No.4 to be appointed by the Advance Studies and Research Board headed by respondent No.2 for final award of M. Phil Degree. Respondent No.3 vide letter dated 13-12-2010 addressed to respondent No.5 submitted names of Research Topics, Supervisor/Internal and External Examiner of M. Phil for their inclusion in the Agenda in the forthcoming meeting of Advanced Studies and Research Board so that Viva Voce Examination of the petitioner and other concerned may be conducted and then to award M. Phil (Pharmaceutics) degree. The meeting was convened on 25-4-2011 but the case of the petitioner was not considered therein and so is the position till date. The petitioner moved the respondent No.2 for redressal of his grievance on 27-4-2011 but the same is hanging fire.

3. The respondents have filed report and parawise comments. Learned counsel for the petitioner has drawn Court's attention to the First Schedule to the Statutes of ' the Bahauddin Zakariya University Act, 1975 (as amended up-to-date), wherein the formation and functioning of the Board has been explained, which shows that the Advanced Studies and Research Board has been comprised under Sub-rule 3 which follows as under:-- "The quorum for a meeting of the Advanced Studies and Research Board shall be one-half of the total number of members, a fraction being counted as one."

4. Quorum of the meeting of the Board shall be one half of the total number of members. There is no mention that the Board will not be formed or function in absence of the Vice-Chancellor. In this view of the matter learned counsel for the petitioner has emphasized that the meeting of the Advanced Studies Research Board can be held even if the Vice-Chancellor is not presently available having regard to the said provisions of the statute.

5. This Court is inclined to agree with the interpretation and the arguments put forth by the learned counsel for the petitioner. Therefore, respondent No.1 through the Registrar is directed to convene the meeting of the Board of Advance Studies and Research Board within a period of four weeks from the date hereof and to decide the matter relating to the petitioner strictly in accordance with rules and regulations and keeping in view the parental jurisdiction of the university. Petition stands disposed of accordingly. M.H./M-239/L???????????????????????????????????????????????????????????????????????? Order accordingly.