| Citation(s) |
|---|
| 2023 SLG 1432 2023 SCMR 1284 2023 SLD 1432 |
Supreme Court of Pakistan
Civil Appeal No. 1833 of 2019, decided on 10th March, 2023. (Against the judgment dated 17.04.2015 passed by Peshawar High Court, Peshawar in R.F.A. No. 122 of 2010) Date of hearing: 10th March, 2023.
Present: Jamal Khan Mandokhail and Muhammad Ali Mazhar, JJ
Yasir Nawaz and others v. Higher Education Commission and others PLD 2021 SC 745 ref. Khurram Mumtaz Hashmi, Advocate Supreme Court for Appellants. Mian Iqbal Hussain, Advocate Supreme Court (through video link from Peshawar) for
Respondent.
Civil Appeal No. 1833 of 2019, decided on 10th March, 2023. (Against the judgment dated 17.04.2015 passed by Peshawar High Court, Peshawar in R.F.A. No. 122 of 2010) Date of hearing: 10th March, 2023.
Present: Jamal Khan Mandokhail and Muhammad Ali Mazhar, JJ
Yasir Nawaz and others v. Higher Education Commission and others PLD 2021 SC 745 ref. Khurram Mumtaz Hashmi, Advocate Supreme Court for Appellants. Mian Iqbal Hussain, Advocate Supreme Court (through video link from Peshawar) for
Respondent.
CHANCELLOR PRESTON UNIVERSITY, KOHAT and others---Appellants
VS
HABIBULLAH KHAN---Respondent
Law: Higher Education Commission Ordinance, 2002
Section: 10
Preston University Ordinance (LII of 2002)--- ----S. 4---Higher Education Commission Ordinance (LIII of 2002), S. 10---Pakistan Engineering Council Act (V of 1976), S. 14---Unaccredited university---Suit for damages filed by student on the basis that the University established its Faculty of Engineering without accreditation from the Pakistan Engineering Council (the Council), consequently, his degree would not be recognized by the Higher Education Commission (HEC) and he would not be recognized with the Council---Held, that in absence of its accreditation, the University was not competent to offer engineering education and enrol students---Degree issued by an unaccredited institution would be worthless like a piece of paper, as such, would be of no value---Since the University was not accredited, the respondent/plaintiff rightly decided to discontinue his education to secure his future---Respondent lost his precious nine months due to fault on part of the Universitys administration for not obtaining accreditation prior to offering admission, therefore, he was left with the only remedy of recovering the expenses incurred for the period he remained in the University, and for the damages on the grounds mentioned in his plaint---Suit for damages filed by respondent was rightly decreed. Appellant-University offered multiple courses, including Bachelor of Engineering (B.Eng). Its administration was required to comply with the provisions of the Preston University Ordinance, 2002 (the Ordinance, 2002) and the requirements necessary for establishment of its Faculty of Engineering in accordance with the Statute proposed by the Board of Governors (the Statute). It must also have complied with the provisions of the Higher Education Commission Ordinance, 2002 (the HEC Ordinance), the Pakistan Engineering Council Act, 1976 (the PEC Act) and the Engineering Council Regulations for Engineering Education in Pakistan (the Regulations), in order to obtain its accreditation status. It is a fact that the University did not disclose its accreditation status while offering admission to students, including the respondent/plaintiff for the reason that it was not accredited. The…
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