| Citation(s) |
|---|
| 2017 SLG 2403 2017 SLD 2403 2017 YLR 1399 |
Islamabad High Court
W.P. No. 3117 of 2016, decision Dated: 2-2-2017. HearingDates: 7th October and 1st December, 2016.
2016, MIANGUL HASSAN AURANGZEB, JUSTICE
Tariq Bilal, Atiq-ur-Rehman, Shahzadi Samreen Tariq, Raja Aleem Khan Abbasi, Arif Chaudhry, and Raja Ansar Abbas for Petitioners.Qaiser Sarwar and Shahid Khalid, Law Director HEC for
Respondent No. 1.Bilal Ahmad Qazi and Khalid Mehmood Asst. Registrar
W.P. No. 3117 of 2016, decision Dated: 2-2-2017. HearingDates: 7th October and 1st December, 2016.
2016, MIANGUL HASSAN AURANGZEB, JUSTICE
Tariq Bilal, Atiq-ur-Rehman, Shahzadi Samreen Tariq, Raja Aleem Khan Abbasi, Arif Chaudhry, and Raja Ansar Abbas for Petitioners.Qaiser Sarwar and Shahid Khalid, Law Director HEC for
Respondent No. 1.Bilal Ahmad Qazi and Khalid Mehmood Asst. Registrar
ISLAMABAD LAW COLLEGEVS HIGHER EDUCATION COMMISSION THROUGH ITS CHAIRMAN AND OTHERS
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. I, R.1---Parties to suit---Only natural or juristic person can sue or be sued in its own name. (b) Islamia University of Bahawalpur Act (IV of 1975)--- ----S.5(3)---Provisional affiliation---Conditional "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. Messrs Aran Saz Contractors v. Pak Chromical Limited 1999 MLD 1781; Habib Bank Limited…