Case Details

Citation(s)
1993 SLG 888 1993 SLD 888 1993 CLC 826
Lahore High Court

MALIK MUHAMMAD QAYYUM, J
Hafiz Tariq Nasim for Petitioner. Ch.ljaz Ahmad for
Respondent No. 1. Rana Muhammad Arshad AddI.A.G. Pb. for
Respondent No. 2.

IRSHAD ULLAH

VS

BOARD OF TECHNICAL EDUCATION, GOVERNMENT OF PUNJAB, LAHORE and another

Law:

Section:

Educational institution--- ---- Constitution of Pakistan (1973), Art.199---Admission to First Year Class of Diploma in Civil Engineering---Cancelling of petitioners' admission on the ground that same was irregular, through a notification issued subsequently--­Validity---Petitioners claimed to have been condemned unheard inasmuch as before issuing said Notification removing their names, they were never issued any show-cause notice nor they were afforded any opportunity of being heard---Respondents in view of such plea had no objection if case was remanded to respondents for decision afresh after hearing petitioners--­Impugned Notification was declared to be without lawful authority and of no legal effect, with the result that petitioners continued to be students of respondent institution---Respondents, however, would have option to proceed afresh in the matter, after giving petitioners opportunity of being heard. JUDGMENT This judgment shall dispose of Writ Petitions Nos.906/92, 2176/92, 5433/92 and 5510/92, which arise under the similar circumstances and involve same questions of law. 2. The petitioners in all these petitions were admitted to the First Year Class of Diploma in Civil Engineering, in the Government College of Technology, Rasul, District Gujrat. It is not, disputed that the petitioners had paid the admission fee and other dues to respondent No.2 and also that they continued attending classes during the first and second semesters of 1989. 3. From the record, it appears that the petitioners applied for permission to take the first year examination of the Diploma Course. Their application was allowed and the petitioners appeared in the examination held in the year 1990 and were declared successful and promoted to the Second Year Class. They are aggrieved of ''a Notification issued by respondent No.l Board on 11-1-1992 cancelling their admission to the College on the ground that the same was irregular. This Notification has been challenged by the petitioners in this petition. 4. In the written statement filed by respondent No.l,…
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