Provisional affiliation

2017 YLR 1399 ISLAMABAD Judicial Precedent

S.5(3)Provisional affiliationConditional "No Objection Certificate"Petitioner was a Law College which claimed to have been affiliated with Islamia University Bahawalpur

Grievance of petitioner was that Higher Education Commission did not issue "No Objection Certificate", which was required for affiliation of petitioner with the University

Plea raised by petitioner was that delay in issuance of "No Objection Certificate" would affect future of students

Validity

When University granted provisional affiliation to petitioner for academic session 2014-15, the petitioner was expressly cautioned not to make admissions for next academic session without obtaining a fresh " No Objection Certificate" granted by High Education Commission, failing which its application for affiliation would not be considered

Petitioner should not have admitted students for academic session in question without having obtained "No Objection Certificate" from the Commission or an affiliation for such academic session from the University

Petitioner was obliged to have intimated students applying for admission for next academic session that it did not have the requisite affiliation with the University

University under S.5(3) of Islamia University of Bahawalpur Act, 1975, could prescribe conditions for the grant of affiliation or admission of any educational institution to its privileges

Requirement of obtaining "No Objection Certificate" from Higher Education Commission was a condition set by the University for granting affiliation to the University

Several deficiencies were pointed out by Higher Education Commission in its inspection reports of the Law College

No illegality, mala fide, irrationality or procedural impropriety was committed by the Commission in refusing to grant "No Objection Certificate" to petitioner college

Constitutional petition was dismissed in circumstances.