Case Details

Citation(s)
2020 SLG 286 2020 SLD 286 2020 MLD 114
Sindh High Court
Constitutional Petition No. D-8726 of 2018, decision Dated: 31-05-2019. Hearing Dated: 24-04-2019.
MOHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by: Shahenshah Husain
Respondent(s) by: Khalid Jawed

RIAZ AHMED

VS

NED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI THROUGH VICE CHANCELLOR

Law:

Section:

Educational institution--- ----Degree, withholding of---Mala fide proceedings---Vested right---Petitioner assailed order passed by the University withholding award of Degree to him---Plea raised by the University was that petitioner committed fraud and misrepresentation who did not avail remedy of appeal and also concealed other legal proceedings initiated by him---Validity---Held, there was no mention of proceedings challenging notice culminating in of Supreme Court and petitioner made no reference to suit filed by him against the University seeking to perpetuate his tenure at the University---Petitioner did not even provide to the High Court particulars of civil suit filed by him or its fate and petitioner never filed appeal against decision of University disseminating vide notice in question---Even verification report declaring education credentials of petitioner as forged was never assailed---High Court declined to exercise Constitutional jurisdiction as petitioner failed to demonstrate any vested right for which enforcement could be sought by him---Constitutional petition was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The present petition was filed in December, 2018 seeking award of a degree to the petitioner, by the respondent NED University of Engineering and Technology ("NED"), on the sole premise that the Syndicate of NED ("Syndicate") had conditionally recommended for award of the same vide their resolution dated 01.12.1994 ("Resolution"). 2. Briefly stated, the facts germane to the present petition are that the five students had sought admission to NED and it was found that they had adopted fraudulent means, by submitting forged / tampered educational credentials, in order to seek such admission. NED had issued a notice dated 30.10.1986 ("Notice") wherein it was stated that since the five applicants had been found culpable of suppression and misrepresentation of material facts, hence, NED inter alia decided to cancel their admission. The present petitioner was one of the five persons in respect whereof fraud was said to have been established. The Notice contained a provision for appeal which was never availed by the…
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