2022 PLP 155 (MLD)

AYESHA A. MALIK, J.

Through this Petition, the Petitioner has impugned letter dated 22.8.2015 issued by Respondent No.2, Secretary Disciplinary Committee, University of the Punjab, Lahore.

2. The facts of the case are that the Petitioner appeared in Second Annual 1991 Examination of the University of Punjab under Roll No.23798. The Petitioner was declared pass by the University by obtaining 494 out of 800 marks and result card was also received by the Petitioner. Subsequently the Petitioner joined service in the Bank as Assistant whereupon the Bank verified the result card of the Petitioner from the Respondent University which was verified vide letter dated 6.11.1996. Thereafter the Petitioner passed his MA examination under Roll No.006714 and result card was also issued to the Petitioner by the Respondent University on 11.4.2011. The Petitioner applied to the Respondent University for the issuance of her degrees but the same were not issued and the case of the Petitioner was put up in disputed case. The Petitioner appeared before the disciplinary committee on 22.11.2014 and 12.3.2015 to explain his position. To the utter shock of the Petitioner, it was intimated that the result cart of the Petitioner of BA/B.Sc. Second Annual Examination, 1991 under Roll No.23798 has been quashed vide impugned letter dated 22.8.2015.

3. Learned counsel for the Petitioner argued that the quashment of result of the Petitioner by the University is illegal. Learned counsel further argued that in terms of the provisions of Chapter VI, General Regulations empowering the Syndicate to quash the result, the result cannot be quashed after three years. Learned counsel further stated that the result card was issued in 1991 and since then there has been no issue or question of authenticity of the degree. Learned counsel further stated that the letter issued by the University of Punjab does not disclose any reason why the degree has been quashed is totally against the law.

4. Learned counsel for the Respondents argued that the action of the Respondents was totally in accordance with the law and that the general regulation empowering the syndicate to quash the result or withdraw the degree, diploma or certificate of a Candidate.

5. Heard and record perused. The record shows that in January 1991, the Petitioner appeared in Second Annual 1991 Examination of the University of Punjab under Roll No.23798. He was, declared pass by the University and result card was duly issued. Further the University also verified the result card of the Petitioner vide its letter dated 6.11.1996. A bare review of the impugned order shows that no reasons or explanation was given. The Petitioner was simply informed of his disqualification. Such an order offends the principle of natural justice and due process. Furthermore there is a three year limitation on proceeding with such matters under the General Regulation of the Calendar of the University of the Punjab for the year 1998 and in this case, the Respondents proceeded against the Petitioner after 24 years. The explanation that the period of limitation commences from the verification process is not tenable. It is for the University to be vigilant of its processes and all results should be verified at the time they are determined. Once the degree is issued the University cannot quash the result after the three years' limitation.

6. Under the circumstances, the instant petition is allowed and the impugned letter dated 22.8.2015 issued by respondent No.2 is set aside. SA/T-3/L Petition allowed.