Cooperative federalism

Petitioner, which was an affiliated Law College of the University of Punjab, impugned letters issued by the University, whereby students holding third division in their intermediate examinations, were denied admission to LLB, on the ground that students must hold at least a second division to be eligible for admission

Contention of petitioner inter alia was that the Rule 5 of Pakistan Bar Council Legal Education Rules, 2015, framed under Legal Practitioners and Bar Councils Act, 1973 did not provide a minimum threshold of second division for LLB program, therefore, the University Regulations, framed under a Provincial Law, could not override the same

Validity

Regulation 24 of the University of Punjab Admission Regulations 2016-2017 included all Bachelors and Masters programs and ineligibility of students holding third division was clearly laid down by the University since the year 2011 and the petitioner, being an affiliated law college , was bound to follow such statutory requirement

Federal law on the subject, catered to all Provinces and set an overarching standard that addressed legal education across the country and Provincial legislature also enjoyed independent legislative space to legislate on legal education under the rubric of education but only to the extent of improving and enhancing the overarching, general, countywide standards in legal education set by the Federal Legislature

Such two powers had been reconciled on the principle of cooperative federalism and Provincial Legislature was free to improve upon standards set by the Federal legislature by setting more robust and stringent standards for admission in the Province

High Court further observed that the Provincial Legislature could not lower standards set by the Federal Legislature and held that the minimum eligibility threshold of second division for admission into LL.B imposed under by the University was in accordance with the Constitution and the law

Constitutional petitions were dismissed, in circumstances.