| Citation(s) |
|---|
| 2019 SLG 1256 2019 SLD 1256 2019 MLD 908 |
Lahore High Court
Writ Petition No. 106730 of 2017, heard on 21-02-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Raja Ahmad Nawaz and Mian Abid Hussain
Respondent(s) by: Muhammad Aamir Sohail, Rai Shahid Saleem Khan, Assistant Advocate-
Writ Petition No. 106730 of 2017, heard on 21-02-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Raja Ahmad Nawaz and Mian Abid Hussain
Respondent(s) by: Muhammad Aamir Sohail, Rai Shahid Saleem Khan, Assistant Advocate-
MST. SHAHLA FAIZ
VS
VICE CHANCELLOR, UNIVERSITY OF EDUCATION, LAHORE AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
(a) Educational institution--- ----Delay in submission of thesis---Scope---Petitioner was aggrieved of University authorities' order whereby University refused to receive her thesis on the ground of delay in its submission---Validity---Clause 4.2 of prospectus of the University revealed that minimum period for submission of thesis was two years to be counted from the start of classes while under clause 4.3 of the Prospectus, maximum period for submission of thesis was three years to be counted from the start of classes---Where there was contradiction amongst the clauses of the Prospectus the one which was beneficial had to be adopted in favour of the affected person---Petitioner had, therefore, submitted thesis within time as per clause 4.3 of the Prospectus, as such impugned order was not sustainable in the eyes of law---Constitutional petition was allowed, in circumstances and university was directed to receive/collect the thesis of petitioner. (b) Interpretation of statutes--- ----Contradiction amongst clauses---Where there was contradiction amongst clauses, the one which was beneficial should be adopted in favour of the affected person. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- The Petitioner, through this Constitutional Petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution") has called in question the orders dated 22.05.2017 and 03.08.2017 and the other actions of the Respondents-Authorities of the University of Education, Lahore (the "University"), whereby she was declined to submit her thesis for MPhil (Education). 2. The gist of the issue in this case is that the Petitioner was not allowed by the Respondent-University to submit her thesis within time mentioned in the Clause 4.2 of the Prospectus regarding Admission, Registration and Examination Regulations for MS/MPhil. 3. Learned counsel for the Petitioner states that Petitioner applied to the University to complete her M.Phil (Education) in the Sessions 2013-15. The Petitioner after completing her course work and passing the examination filed her thesis in October 2016 but the University did not accept the same on the ground that the…
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