2011 SCMR 1021 (PLP)

SAYED ZAHID HUSSAIN, J.

The petitioner, a student of B.C.S. (C.S.) in the 6th Semester, Sessions 2003 - 2007 was aggrieved of notification dated 26-6-2006, whereby his name had been struck of from the roll of Department of Computer Sciences, Bahauddin Zakariya University, Multan, as he failed to secure the requisite minimum cumulative grade point average (C.G.P.A.) i.e. 2.00. He filed petition (W.P. No. 3330 of 2006) under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, before the Lahore High Court, Multan Bench, which petition was dismissed by the learned Single Bench on 7-7-2006 and his Intra Court Appeal No.101 of 2006 was also dismissed on 28-4-2009 by the learned Division Bench of the High Court. This is petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking leave to appeal thereagainst.

2. The learned counsel for the petitioner has been heard, who has endeavoured to assail the correctness and legality of the judgment of the learned Division Bench of the High Court dated 28-4-2009 and contends that one chance should have been given to him.

3. The fact that the petitioner remained unable to achieve the minimum cumulative grade point average C.G.P.A. i.e. 2.0 is not denied or disputed, as his C.G.P.A. was 1.92. The justification for the removal of his name from the roll of the department was a moot point. The learned Single Bench in the High Court while dealing this aspect observed that "Admittedly when the petitioner got admission in 6th semester and appeared in the examination of said semester, said Rules were in force and petitioner was hound to fulfil the requirements of Rule 11(v) of the said Rules, as reproduced above, whereby it was mandatory to obtain minimum cumulative grade point average (C.G.P.A) of 2.0 and in case of non-compliance of the said condition he was liable to be removed from the rolls of the department. Therefore, the only legal requirement to avoid removal on the roll of the department was to obtain C.G.P.A. of 2.0." On appeal, the learned Division Bench while upholding the judgment of the learned Single Bench observed that "A student who fails to obtain the minimum of 2.0, has no fate except for his removal from the rolls of the department. Uniform Semester Rules, 2007 are effective from Academic Session, 2007 and have no retrospective application. Identical issue was raised in the case of "Muhammad Awais Akhtar v. Bahauddin Zakariya University and 2 others" (2009 CLC 163), wherein it was held by one of us, that the rules which are made effective from Academic Session, 2007, have no application to the previous Academic Session. Learned Judge in Chamber while passing the impugned judgment has thoroughly examined the controversy in depth and following the dictum of law laid down by the apex court observed that court cannot direct the University Authorities to interpret the rules in a specific manner as it would amount to interference in. the internal arrangement of the University regarding examination. The finding is not open to exception and the constitutional' petition of the appellant was rightly dismissed."

4. We have explored the matter from all possible angles and find the petitioner had since remained unable to obtain the minimum requisite C.G.P.A., his removal from the roll was consistent with the rules and the High Court rightly declined to interfere. Clause (v) of the Uniform Semester Rules, which was invoked for removal of the petitioner from the rolls of the department, reads as under:-- "Likewise at the end of the each semester, a student must obtain a minimum cumulative grade point average (C.G.P.A.) of 2.0 and must also pass at least 50% of the courses taken by him in order to be promoted to the next semester. If any of the preceding two conditions is not complied with by a student, he shall be removed from the rolls of the Department." Since the judgment of the High Court is absolutely consistent with the ibid rule, we see no justification to take any exception thereto.

5. In view of the above, no case for grant of leave is made out. The petition is dismissed accordingly. M.H./M-115/SC Petition dismissed.