2014 PLP 1358 (MLD)

This writ petition is directed against the illegal action of the respondents whereunder petitioner was refused admission in M.Sc. Biochemistry (session 2013-2015).

2. Brief facts of the case are that petitioner qualified in B.Sc. B.Ed. Degree Programme from Government College for Elementary Teachers, Bosan Road, Multan under Roll No.22353 (Session 2009-2012) and Registration No.10929006003. The college is affiliated with the University of Education, Lahore.

3. Petitioner applied for M.Sc. Biochemistry (morning session), submitted admission form on which objection was raised that petitioner should seek Equivalence Certificate from Higher Education Commission as well as from University of Education, Lahore, the exercise was meant for calculation of separate marks in the subjects of Biology, Zoology and Chemistry, because in petitioner's result card B.Ed. marks were also incorporated. Another objection raised was as to whether petitioner passed her B.Sc. B.Ed. under the Annual System of Examination or Semester System. Equivalence Certificate on availability was delivered to the respondents, thereafter, she was considered for admission along with other applicants. Petitioner's marks in the relevant subject were calculated as 68.33% by (Admission Committee) respondents, whereas, respondents No.4 to 6 were assessed at 68.29, 68.23 and 68.23 % marks respectively, despite getting lesser marks respondents No.4 to 6 were admitted but petitioner was ignored.

4. Thirty seats were allocated for M.Sc. Biochemistry (morning session). In the first merit list, nine candidates qualified for remaining 21 seats, waiting list was displayed wherein name of the petitioner appeared at Sr. No.18 but she was disallowed from depositing admission dues for reason that petitioner held a joint B.Sc. B.Ed. degree, whereas, the requirement/criteria for M.Sc. Biochemistry being B.Sc. only.

5. It was contended by learned counsel for the petitioner that basic criteria for admission in M.Sc. Biochemistry was fully met as per terms and conditions of the respondents; that B.Ed. was additional qualification held by the petitioner. The basic minimum requirement in respect of subjects was Biology, Zoology and Chemistry which according to academic transcript of the petitioner issued by the University of Education, Lahore, she qualified in good grades. The Provisional Admission Open Merit List dated 27-9-2013 declared petitioner as qualified provisionally, the list also reflected names of respondents No.4 to 6 as successful applicants together with other candidates and directed to deposit necessary dues and original documents for verification. Objection in respect of system of examination was cleared through letter provided by Principal Government College for Elementary Teachers Bosan Road, Multan wherein it was certified that petitioner qualified under the Annual System of Examination of the University of Education, Lahore which is also confirmed by copy of notification dated 26-8-2010 issued by the said University. Waiting list issued by the respondents dated 26-9-2013 also places the petitioner in the said list at Sr. No.18 whereas respondents No.4 to 6 are mentioned at Sr. Nos.19 to

21. Bypassing the petitioner and allowing admission to respondents No.4 to 6 was unlawful and in violation of the merit policy under the University Calendar. Petitioner on achieving better results and fulfilling other terms and conditions cannot be debarred from admission.

6. Conversely, learned counsel for the respondents mainly stressed that basic qualification for M.Sc. Biochemistry was B.Sc. in Biology, Zoology and Chemistry, whereas the petitioner held additional qualification of B.Ed. so she was not eligible for admission, moreover, petitioner appeared under the semester system of examination.

7. Arguments heard. Record perused.

8. The petitioner holds the qualification of B.Sc. with B.Ed., the criteria for admission in M.Sc. Biochemistry was met by the petitioner, she had passed B.Sc. examination with requisite subjects. The additional qualification of B.Ed. could be no bar for admission in M.Sc. Biochemistry. The prospectus mentions minimum qualification but does not place any embargo in respect of additional qualification which the petitioner is holding. Moreover, Equivalence Certificates provided by the Higher Education Commission and University of Education, Lahore were obtained on respondents' desire, on the basis of which respondents calculated marks in the relevant subjects placed her on higher position in the waiting list as well as in the provisional admission list vis- -vis respondents No.4 to 6 who already stand admitted and have joined the relevant session. The requirement of annual examination was also clarified through a letter issued by the Principal Government College for Elementary Teachers, Bosan Road, Multan and a notification dated 26-8-2010 issued by the University of Education, Lahore both state that B.Sc. B.Ed. Programme is conducted under the Annual System of Examination. Petitioner fulfils both criteria's, therefore, is eligible for admission in M.Sc. Biochemistry. In view of the above, this writ petition is allowed, respondents are directed to forthwith admit the petitioner for the relevant session after verification of academic transcripts, on receipt of admission dues, if not already deposited. AG/I-1/L Petition accepted.