Law: Higher Education Commission Ordinance, 2002

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Higher Education Commission Ordinance, 2002-- ----S. 10--Constitution of Pakistan, 1973, Art. 199--Constitution petition--Scope and jurisdiction--Validity--No educational institution whether established in Pakistan or abroad can lawfully open campuses or grant affiliations to other educational institution without the express approval of the commission. Pp. 90 & 91 A Higher Education Commission Ordinance, 2002-- ----Purpose and object--Object and purpose are obviously to guarantee quality education--Object of establishing the commission as an exclusive regulatory authority is obviously to protect and safeguard the members of the general public, particularly the youth and their parents, from being cheated and defrauded. P. 92 B & C 2015 SCMR 445 & 2016 SCMR 134, ref. JUDGMENT Athar Minallah, J.--The instant petition has been filed by Al-Khair University (hereinafter referred to as the "Petitioner/University") under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, assailing letter, dated 20.05.2016, issued by the Higher Education Commission of Pakistan (hereinafter referred to as the "Commission"). 2. The facts, in brief, are that the Petitioner University was established under the Azad Jammu Kashmir Assembly Act, 1994 (hereinafter referred to as the "Act of 1994"). Section 1(2) of the Act of 1994 explicitly restricts the academic jurisdiction of the Petitioner University to the territorial limits of Azad Jammu and Kashmir, while it provides for the opening of campuses in Pakistan and abroad. The campus of the Petitioner University is situated at Bhimber, Azad Jammu and Kashmir. It was reported to the Commission that the Petitioner University had extended its operations within the territory of Pakistan and had granted affiliations to other educational institutions, besides opening franchised campuses. The opening of franchised campuses and granting affiliations to other educational institutions was without obtaining approval from the Commission. Moreover, in violation of the guidelines and requirements prescribed by the Commission, the Petitioner University had not constructed its own campus even within the territory of Azad…

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