Law: University of Karachi Act, (XXVI of 1972)

Section: 51

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

University of Karachi Act (XXV of 1972)--- ----S. 51---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration, permanent injunction---Plaintiff having Doctorate degree---Allegation of use of plagiarized material in the thesis---Plaintiff was removed from service---Bar on jurisdiction of Court---Scope---Plaintiff contended that Ph.D degree awarded to him be declared valid, legal and not suffering from plagiarism---Validity---University had autonomy within certain recognized constraints---Court could scrutinize university activities when asked to do so by the people who felt that they had been affected unjustly by the university decision---Court could impose constraints or mitigate University and enforce some of its own constraints in the interest of justice---No vested right existed in a person who was Ph.D and was facing allegation of plagiarism---Institution which awarded the degree could award such degree in recognition of research conducted by any individual---If at any juncture it surfaced that the research was plagiarized or did not originally belong to the researcher then university was free to use all available force to recall such a degree and take disciplinary action---Court could not interfere in academic research issues where case was with regard to award of Ph.D degree---Trial Court was to refrain from interfering in the question as to whether plaintiff's degree should be cancelled or not on the alleged ground of plagiarism---Plaint was rejected in circumstances. S.R. Dongerkerry; Elizabeth C. Wright; King v. Chancellor, Masters and Scholars of the University of Cambridge and Shudarshan Lal v. Allahabad University rel. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, J.--- The case at hand is about the permissible extent of intervention of Courts at Universities' autonomy and in particular when a claim is made by the University that the doctorate degree entrusted upon the Plaintiff was obtained by the use of plagiarized material. Brief facts of the case are that the Plaintiff is currently engaged as a Professor in Economics, as well as, acting as Vice Chancellor (V.C) at one of the public funded University of Pakistan namely Federal…

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