| Citation(s) |
|---|
| 2021 SLG 2358 2021 SLD 2358 2021 PLD 745 |
Supreme Court of Pakistan
Civil Petitions Nos. 1925, 1975 and 1976 of 2020, decided on 5th April, 2021, Date of hearing: 5th April, 2021. (Against the consolidated judgment dated 30.4.2020 passed by the Islamabad High Court in I.C.As. Nos. 265/2017, 2282/2019 and 3258/19).
UMAR ATA BANDIAL, JUSTICE, SAJJAD ALI SHAH, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Munawar Iqbal Duggal, Advocate Supreme Court for Petitioners (in C.P. No. 1925 of 2020). Malik Noor Muhammad Awan, Advocate Supreme Court for the Petitioners (in C.Ps. Nos. 1975 and 1976 of 2020). Nemo for the
Respondents.
Civil Petitions Nos. 1925, 1975 and 1976 of 2020, decided on 5th April, 2021, Date of hearing: 5th April, 2021. (Against the consolidated judgment dated 30.4.2020 passed by the Islamabad High Court in I.C.As. Nos. 265/2017, 2282/2019 and 3258/19).
UMAR ATA BANDIAL, JUSTICE, SAJJAD ALI SHAH, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Munawar Iqbal Duggal, Advocate Supreme Court for Petitioners (in C.P. No. 1925 of 2020). Malik Noor Muhammad Awan, Advocate Supreme Court for the Petitioners (in C.Ps. Nos. 1975 and 1976 of 2020). Nemo for the
Respondents.
YASIR NAWAZ AND OTHERS
VS
HIGHER EDUCATION COMMISSION AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 1,2
Law: Constitution of Pakistan, 1973
Section: 184(3),199
Law: Higher Education Commission Ordinance, 2002
Section: 10
(a) Educational institution--- ----University located in Azad Jammu and Kashmir (AJK)---Unauthorized franchise campuses/unlawful affiliated institutions operating outside AJK---Degrees issued by such campuses/ institutions---Legality---Higher Education Commission (HEC) never granted any permission to the University for affiliate colleges/ institutions in Pakistan nor had it assured recognition of the degrees by the institutions/colleges affiliated by the University in AJK---Letter sent by the HEC to the University, which was available on record, specifically prohibited any campus in AJK and Pakistan; it further prohibited affiliation of colleges/institutions for AJK and Pakistan---Record further reflected that the HEC had issued sufficient alerts regarding the status of the institutions/colleges claiming affiliation with the University---In the circumstances, the HEC could not be burdened to recognize the degrees/awards conferred by the unauthorized franchise campuses and unlawful affiliated institutions whose education imparting qualities/capacity was never examined by the HEC---If anyone was to be blamed for playing havoc with the career of the students, it was either the University or its affiliated institutions---Higher Education Commission (HEC) had already taken a sympathetic approach and shown grace by providing a mechanism to recognize the degrees/mark sheets/awards granted by the institutions/colleges after testing the educational achievements of their students in the relevant disciplines---Petitions for leave to appeal were dismissed and leave was refused. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 2---Interim order---Scope---Such order was always of a limited duration which legally did not control the final adjudication and, therefore, would not create any right in cases where the main action and/or the relief was found frivolous or was turned down unless for reasons specified, a protection was extended---In all other cases, the interim order was merged into the final order and lost its efficacy and operation instantly. Federation of Pakistan v. Pervez Musharraf PLD 2016 SC 570 ref. (c) Constitution of Pakistan--- ----Arts. 184(3)…
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