Law: Higher Education Commission Ordinance, 2002

Section: 10(1)(n)

Law: Constitution of Pakistan, 1973

Section: 199

Higher Education Commission Ordinance (LIII of 2002) ----S. 10(1)(n)---Constitution of Pakistan, Art. 199---Constitutional petition---Legal status and authority of the National Testing Service ("NTS")---Scope---Question before High Court was inter alia with regard to the nature of legal status and authority of the National Testing Service in terms of S.10(1)(n) of the Higher Education Commission Ordinance, 2002, and whether Universities could be obligated to conduct tests organized by the NTS and be bound by the results of the same---High Court disposed of the matter, by consensus between the NTS and HEC in the terms to the effect that HEC would not sponsor or extend any patronage to NTS, as NTS was not an officially approved national testing service under the Higher Education Commission Ordinance 2002; that Universities and .other academic institutions recognized by HEC were not under any lawful obligation to conduct tests organized by NTS or be bound by the results of NTS in the matter of admissions or grant of scholarships; that HEC through proper channel, would propose an amendment in the Higher Education Commission Ordinance, 2002 and Rules in order to provide a proper regulatory statutory framework for establishing, monitoring and supervising a "national testing service" and till such time that proper legislation was put in place, HEC would not initiate the process of selecting and appointing a national testing body under the Ordinance; that NTS shall not hold itself out as an HEC approved "national testing service" however, it may continue operating as a private entity under the law, but shall not in any manner be taken to be an HEC approved entity; that HEC will not enter into any fresh contract with NTS or any other entity unless and until NTS or any such entity had been duly approved by HEC under the Ordinance and in the manner described above; that the existing contract/arrangement entered between NTS and the Universities/academic institutions may continue or may be reviewed by the respective Universities/academic institutions, as the case may be, in the light of present order; and that the existing arrangement between HEC and NTS shall only continue…

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