Case Details

Citation(s)
2012 SLG 1582 2012 SLD 1582 2012 SCMR 1414
Supreme Court of Pakistan
Civil Appeal No.1287 of 2008, decision dated: 11-04-2012 (On appeal from the judgment dated 16-5-2008 passed by Islamabad High Court, Islamabad in C.R. No.17 of 2008)
TASSADUQ HUSSAIN, JILLANI AND MIAN SAQIB NISAR, JJ

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MOHYUDDIN HASHMI

VS

ALLAMA IQBAL OPEN UNIVERSITY through Vice Chancellor and others

Law:

Section:

(a) Allama Iqbal Open University Act (XXXIX of 1974)-------Ss. 9 & 12---Allama Iqbal Open University Statutes, 1978, Pt. XIV, Statute 12---Student (appellant) registered for Ph.D. Program at Allama Iqbal Open University---Supervisor of student's thesis appointed---Dean of faculty, who was father-in-law of the student, changed the thesis supervisor and also headed the viva voce examination of the student---Attempt to confer Ph.D. degree on the student in haste---Effect---Student (appellant) was recommended for conferral of the Ph.D. degree and a notification in such regard was accordingly issued---Subsequently a committee was constituted to re-examine the issue, which found that the student had manoeuvred the change of the supervisor through the Dean of faculty (father-in-law of the student), and that after the change of the supervisor, the Ph.D. degree was conferred on the student in undue haste, consequently notification of conferral of Ph.D. degree was cancelled---Student initiated a civil suit challenging the vires of the cancellation of notification---Trial Court dismissed the suit, which was concurrently upheld by the First Appellate court and the High Court---Contentions of the student were that the Ph.D. degree was awarded to him by the University on the recommendation of competent supervisor and examiners and it could not have been cancelled merely on technical grounds; that there was no allegation of plagiarism against him; that concerned Dean was required in terms of regulations applicable to Ph.D. students to sit in the viva voce committee and if the Dean happened to be his father-in-law, it could not erode the credibility of the recommendation of the viva voce committee, which had no personal reason to favour him; that there was no finding by the courts below on merits of the thesis, therefore, the Supreme Court might direct the University to constitute a fresh committee for evaluation and the matter be decided accordingly, and that the student had also got himself registered in the Ph.D. program of another university, which had conferred a Ph.D. degree on him---Validity---Findings of the committee were that the supervisor of the thesis was…
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