Law: Higher Education Commission Ordinance, 2002

Section: 10(1)(o)

Law: University of Punjab Act, 1973

Section: 28(h)

Law: Constitution of Pakistan, 1973

Section: 143

Higher Education Commission Ordinance (LIII of 2002)---.--- ---.----S. 10(1)(o)---.---University of the Punjab Act (IX of 1973), S.28(h)---.---Constitution of Pakistan, Arts.143---.---Inconsistency between Federal and Provincial Laws---.---Powers and functions of the Higher Education Commission---.---Issuance of degree equivalence certificate by University of the Punjab, in the presence of similar powers available to the Higher Education Commission---.---Scope---.---Contention of the petitioner, inter alia, was that the University of the Punjab could not issue an equivalence certificate for a degree issued by its counterpart university and only some other department such as the Higher Education Commission could do the same---.---Validity---.---Reading of S.10(1)(o) of the Higher Education Commission Ordinance, 2002 revealed that it was the domain of the Higher Education Commission to determine equivalence and recognition of degrees issued by various institutions within and outside the country---.---Section 20(2)(h) of the University of the Punjab Act, 1973 gave such powers to the University of the Punjab as well, however, per Art.143 of the Constitution, the Higher Education Commission Ordinance, 2002 having been enacted by the Parliament (Federal Legislature) had precedence over the University of the Punjab Act, 1973 to the extent of repugnancy---.---High Court observed that respondent University of the Punjab was neither competent nor required to issue equivalence certificates for degrees issued by other universities and the same could be solely done by Higher Education Commission---.---High Court further observed that practice of a parallel system of issuing equivalence certificates by the University of the Punjab amounted to usurpation of powers of the Higher Education Commission and was unconstitutional as the legislative field for higher education fell within the jurisdiction of the Federal Legislature, which undisputedly prevailed over the Provincial Legislature---.---High Court declared the act/function of the University of the Punjab in issuing equivalence certificates as illegal, void and of no legal effect---.---Constitutional petition was allowed,…

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