Case Details

Citation(s)
2011 SLG 672 2011 SLD 672 2011 CLC 893
Lahore High Court
Writ Petition No.18795 of 2010, heard on 25-10-2010
CH. MUHAMMAD TARIQ, J

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NAVEED KHAN

VS

HIGHER EDUCATION COMMISSION through Chairman and 2 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Educational institution---Petitioner filed constitutional petition seeking directions against authorities on the ground that private respondent, in connivance with the functionaries/authorities claimed to be Ph.D. degree holder, while her thesis suffered from serious plagiarism and had not yet been approved in accordance with law and rules framed thereunder---Petitioner further prayed that appropriate proceedings/departmental and through initiation of criminal proceedings of fraud and forgery might also be directed to be initiated against the private respondent---Contention raised by Ph.D. degree holder was that the petitioner had no nexus or relation with her and had been acting on the instance of someone else and prayed for dismissal of constitutional petition with costs---Petitioner, on questions by High Court, submitted that he was employee of Infra Services Intelligence (ISI) and at present, he was working for NATO in the neighbouring country; that he did not know the Ph.D. degree holder personally as to where she resided; that he was not even aware of the course prescribed for Ph.D. or about the thesis prepared by the Ph.D. degree holder and that he did not pay any tax---Petitioner had produced his office Identity Card which showed that he was a mere technician---Petitioner had not mentioned his address on his constitutional petition---Petitioner, therefore, had no nexus with the Ph.D. degree holder and the constitutional petition had been filed on the instigation of someone else for some ulterior motives---Effect---High Court dismissed constitutional petition with costs of Rs.50,000 (rupees fifty thousand only) with direction to the petitioner to deposit the amount with the Deputy Registrar (Judicial) of High Court against a valid receipt within a fortnight; however in case of non-deposit of the costs within a fortnight, Deputy Registrar (Judicial) was directed to send a copy of the to the District Officer (Revenue)/Collector for recovery of costs of Rs.50,000 from the petitioner as arrears of land revenue by adopting all coercive methods if so needed---High Court further directed that a…
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