Law:

Section:

(a) Higher Education Commission Ordinance (LIII of 2002)--- ----S. 10(2)(h)---Foreign educational institutions---Scope---Higher Education Commission has wide powers which also extend to institutions established abroad---Expression `institution' is defined in cl.2(h) of S.10 of Higher Education Commission Ordinance, 2002, as any university or other degree awarding institution that offers higher education or is involved in research and development activities---Definition of 'institution' is exclusive and is not restricted to an institution established within Pakistan. (b) Higher Education Commission Ordinance (LIII of 2002)--- ----S. 10---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner was a university of foreign country and it assailed inclusion of its name in the list prepared by Higher Education Commission declaring same as illegal university---Validity---Natural person represented himself as Vice-Chancellor of Pakistan Chapter of petitioner university---Bank accounts operated by such person were not in the name of petitioner university---Vice-Chancellor had been mistakenly representing to general public that petitioner university was recognized by the Commission---No credible document was placed on record to show that he had authority to file petition or petitioner university actually had an existence or was a degree awarding educational institution--- Petitioner university had to show to the satisfaction of the Commission that information published pursuant to the powers conferred under S.10(1)(x) of Higher Education Commission Ordinance, 2002, was not correct---High Court directed that if a representation was made to the Commission, the later would afford opportunity of hearing to an authorized representative of petitioner university could also conduct such inquiry as it would deem appropriate---High Court directed the Commission to amend the list, if petitioner university would able to satisfy the Commission that information relating to it in disputed list was incorrect---Petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, JUSTICE:---.--- Through this petition the Open International University for…

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