Case Details

Citation(s)
2015 SLG 2157 2015 SLD 2157 2015 YLR 1733
Lahore High Court
Writ Petition No. 6843 of 2009, decided on 11th March, 2015
SHUJAAT ALI KHAN, J
Syed Ijaz Qutab for Petitioner. Aamir Mehmood for
Respondents

Syed A.S. SHAHvsUNIVERSITY OF THE PUNJAB and others

Law:

Section:

(a) Constitution of Pakistan--- ----Arts.199 & 3---Constitutional petition---Educational Institution---Fundamental Rights---Petitioner being Ph. D. Research Scholar could not submit his synopsis due to non-availability of Research Supervisor---Petitioner requested the University authorities for nomination of his Research Supervisor but he was informed that Advance Studies and Research Board had only allowed his re-registration in Ph. D. program---Contention of petitioner was that he could not be made to suffer on account of fault on the part of University authorities---Validity---Departmental Doctoral Program Committee recommended to the Dean of Faculty for approval of the names of applicants who were found suitable for studies leading to Ph. D. degree along with the name of Research Supervisor---Board of Studies/Faculty Council was to approve the title/synopsis of the thesis and name of Research Supervisor within one year after the admission of the petitioner---Neither the Departmental Doctoral Program Committee nominated the Research Supervisor of the petitioner nor the title/synopsis was approved by the competent authority---No adverse inference could be drawn against the petitioner in such state of affairs rather the sluggish and uncalled conduct of the University/ College authorities should call for stern action---Action taken against the petitioner on the premises that synopsis submitted by him were bereft of signature of Research Supervisor could not be given legal blanket---When no Research Supervisor was nominated by the authorities then question with regard to consent of Research Supervisor on the synopsis submitted by the petitioner did not arise---Nobody should suffer on account of any omission and commission on the part of the functionaries---University/College authorities had failed to discharge their liability towards nomination of Research Supervisor and approval of title/synopsis---Research Supervisor was not available at the relevant time---When University authorities had failed to discharge their obligations, petitioner could not be proceeded against---Act of functionaries could not be allowed to prejudice case of an individual when there…
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