Case Details

Citation(s)
2019 SLG 2522 2019 SLD 2522 2019 CLC 1662
Lahore High Court
I.C.A. No. 467 of 2016, in Writ Petition No. 2166 of 2012, decision & hearing Dated: 25-02-2019.
AMIN-UD-DIN KHAN, JUSTICE SHAHID BILAL HASSAN, JUSTICE
Petitioner(s) by: Malik Muhammad Awais Khalid
Respondent(s) by: Sheraz Zaka No.1. Shaigan Ijaz for Allama Iqbal University. Sajid Ijaz Hotiana for HEC assisted by Nisar, Legal Assistant HEC. Liaqat Bashir Mughal for Pakistan Bar Council.

UNIVERSITY OF THE PUNJAB THROUGH VICE CHANCELLOR

VS

ALTAF HUSSAIN AND OTHERS

Law: University of Punjab Act, 1973

Section: 28(2)(h)

Law: Constitution of Pakistan, 1973

Section: 143

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Higher Education Commission Ordinance, 2002

Section: 10(1)(o)

University of the Punjab Act (IX of 1973)--- ----S.28(2)(h)---Higher Education Commission Ordinance, 2002, S.10(1)(o)---Constitution of Pakistan, Art. 143---Inconsistency between Provincial and Federal Laws---Preference---Degree equivalence---Appellant invoked Constitutional jurisdiction of High Court seeking equivalence of his degree but same was partially allowed by Single Judge of High Court to extent that he was granted equivalence but denied admission at the university---Validity---Powers vested with the University under S.28(2)(h) of University of the Punjab Act, 1973 were for purposes of admission in the University for further education and not for general issuance of equivalence certificate for which powers were available with Higher Education Commission---High Court set aside passed by Single Judge of High Court as there was no repugnancy between two statutes, i.e., University of the Punjab Act, 1973 and Higher Education Commission Ordinance, 2002---Article 143 of the Constitution was not applicable in circumstances---Intra court appeal was allowed. Dr. Zahid Javed v. Dr. Tahir Riaz Chaudhary and others PLD 2016 SC 637; Sanchit Bonsal and another v. Joint Admission Board (JAB) and others 2012 SCMR 1841; University of Health Science, Lahore through Vice-Chancellor and others v. Arslan Ali and another 2016 SCMR 134 and Secretary Economic Affairs Division, Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687 rel. Dr. Zahid Javed v. Dr. Tahir Riaz Chaudhary and others PLD 2016 SC 637; Sanchit Bonsal and another v. Joint Admission Board (JAB) and others 2012 SCMR 1841; University of Health Science, Lahore through Vice-Chancellor and others v. Arslan Ali and another 2016 SCMR 134; Shamas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477; Secretary Economic Affairs Division, Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687; Haji Nasir Mehmood v. Mian Imran Masood and others PLD 2010 SC 1089 and Rais Munir Ahmed v. Returning Officer/Additional District and Sessions Judge Sadiqabad and 4 others 2008 CLC 1111 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this I.C.A. filed…
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