| Citation(s) |
|---|
| 2001 SLG 1350 2001 SLD 1350 2001 PLD 219 |
Supreme Court of Pakistan
Civil -Petition for Leave to Appeal No.1631 of 20(10, decision dated: 31st October, 2000. (On appeal from the judgment of Peshawar High Court Circuit Bench, D.I.Khan, dated 19-10-2000 passed in Writ Petition No.158 of 2000)
NAZIM HUSSAIN SIDDIDUI AND RANA BHAGWAN DAS, JJ
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Civil -Petition for Leave to Appeal No.1631 of 20(10, decision dated: 31st October, 2000. (On appeal from the judgment of Peshawar High Court Circuit Bench, D.I.Khan, dated 19-10-2000 passed in Writ Petition No.158 of 2000)
NAZIM HUSSAIN SIDDIDUI AND RANA BHAGWAN DAS, JJ
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Prof. NOOR MUHAMMAD KHAN MARWAT, PRINCIPAL, LUCKY COLLEGE OF EDUCATION AND RESEARCH, LAKKI MARWAT
VS
Vice Chancellor, GOMAL UNIVERSITY, DERA ISMAIL KHAN and 2 others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)---Educational institution---Affiliation of private institution with University---University declined to allow affiliation to the institution--Such refusal was assailed in Constitutional petition which was dismissed by High Court---Validity---Unless University Authorities transgressed the scope of their authority or acted in violation of statute, Courts were always loath to interfere with the smooth administration of Universities---Petitioner had been unable to point out any act of discrimination or contravention of the statute--High Court had rightly declined to exercise its extraordinary jurisdiction in the matter---Supreme Court declined to interfere in the discretion exercised by the High Court---Leave to appeal was refused. JUDGMENT RANA BHAGWAN DAS, J.---This petition for leave to appeal is directed against the judgment of the Peshawar High Court, D.I. Khan Bench, dated 19-10-2000 whereby Constitution Petition No.158 of 2000 filed by the petitioner alongwith another identical petition was dismissed involving the common questions of law and facts. 2, Petitioner being a retired Professor from the Department of Health and Physical Education, Gomal University, D.I.Khan, after his super annuation started a private educational institution under the name and style of - Lucky College of 'Education and Research at Lakki Marwat in August, 1998. This college was affiliated with Gomal University for B.Ed. classes only vide University's notification dated 1-1-1999 subject to terms and conditions specified therein. Subsequently, college introduced M.Ed. classes and also intended to start Junior Diploma in Physical Education (JDPE) classes and for such affiliation applied to the University. After some persuasion through letters this request was turned down by the University authorities vide letter dated 25-11-1999. It is not clear from the record as to the fate of M.Ed. classes as no further steps were taken by the petitioner but the issue of non-affiliation in respect of JDPE course remained under hot pursuit. It is on record that besides petitioner's college there were some other institutions who allowed admissions to…
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