| Citation(s) |
|---|
| 2012 SLG 1595 2012 SLD 1595 2012 SCMR 1694 |
Supreme Court of Pakistan
Civil Petition No.49-K of 2012, decision dated: 4-06-2012 (On appeal from the order dated 14-1-2012 of the High Court of Sindh, Karachi passed in C.P. No.D-2481 of 2010)
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHAR SAEED, JJ
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Civil Petition No.49-K of 2012, decision dated: 4-06-2012 (On appeal from the order dated 14-1-2012 of the High Court of Sindh, Karachi passed in C.P. No.D-2481 of 2010)
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHAR SAEED, JJ
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UNIVERSITY OF Karachi High Court and others
VS
TARIQ HUSSAIN and another
Law:
Section:
Educational Institution-------Master's degree, award of---Admission---Eligibility, determination of---Student (respondent), who successfully completed the Master's program in question was denied a degree on the grounds that he was not eligible for admission to the program as he did not have the minimum required marks in his graduation examination---High Court allowed award of degree to the student on grounds that as per admission criteria for the program in question, postgraduate record of the student was to be considered and not his graduate record; that his post-graduate record fulfilled the criteria for admission to the program, and that raising question of eligibility after the result was unjustified and showed mala fide---Contentions of University (petitioner) were that student could not be awarded the degree as his marks in the graduation examination did not fulfill the requirements of minimum eligibility for admission, therefore, it did not matter whether he had completed the entire course and passed the examination, and that he was illegally given admission in connivance with University staff---Contentions of student were that admission criteria for the program provided that candidate who already had a Master's degree (postgraduate degree) was eligible for regular admission; that he had already obtained a Master's degree (postgraduate degree) at time of applying for the program in question, therefore, his postgraduate academic record was to be considered, on basis of which he was eligible for admission---Validity---Conclusions drawn by the High Court were correct and even otherwise University could not explain as to why it slept on the eligibility of the student for almost two and a half years till he had completed the program and his name was mentioned in the list of successful candidates---University also could not state with any amount of veracity whether any action was taken against any of the staff members of the University who allegedly were instrumental in granting illegal admission to the student---Student could not be punished after two and a half years of the alleged illegal admission, when the issue was never taken up during the tenure of the…
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