| Citation(s) |
|---|
| 2001 SLG 1415 2001 SLD 1415 2001 SCMR 865 |
Supreme Court of Pakistan
Civil Petition No. 359-K of 2000, decision dated: 11-12-2000
HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Rehanul Hasan Farooqui, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record for Petitioner.
Civil Petition No. 359-K of 2000, decision dated: 11-12-2000
HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Rehanul Hasan Farooqui, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record for Petitioner.
N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY
VS
ABDUL FAREED and another
Law:
Section:
(a) N.E.D. University of Engineering and Technology Act (III of 1977)--- ----S. 18---Academic Council and Syndicate---Power to regulate admissions---Scope---Academic Council and Syndicate, under the provisions of N.E.D. University of Engineering and Technology Act, 1977, are empowered to regulate the admissions of the students and frame admission policies---Syndicate in exercise of its statutory powers under S.18(2) of N.E.D. University of Engineering and Technology Act, 1977, is authorised to consider and approve the regulation proposed by the Academic Council. (b) N.E.D. University of Engineering and Technology Act (III of 1977)---- ----Ss. 6 & 18---Constitution of Pakistan (1973), Arts. 2-A, 8, 25, 37(c) & 185(3)--Admission policy---Violation of guarantees provided in S.'6 of N.E.D. University of Engineering and Technology Act, 1977--Refusal of admission to students having obtained degree of B.Tech. (Pass) from the University other than the N.E.D. University---Validity---Inclusion of such clause in the admission policy showed that the same had restricted the right of admission in the N.E.D. University only on the ground of having obtained the degree from some other University---Such classification was not only unjustified but was in clear violation of the guarantees provided in Arts-2-A, 8, 25 & 37(c) of the Constitution---Refusal of admission on such basis was also in violation of the provisions of S.6 of N.E.D. University of Engineering and Technology Act, 1977 and 'as such the classification was ultra vires of the Constitution and was not sustainable in law---Judgment of High` Court did not suffer from any illegality and was based on sound reasoning---Supreme Court declined to interfere with the same and judgment of the High Court was maintained. ORDER ABDUL HAMEED DOGAR, J. --By this petition the -Petitioner seeks leave. to appeal against the order dated 12-6-2000 of a learned Division Bench of the High Court of Sindh, Karachi whereby . The petition of -Respondent No. 1 Abdul Fareed was allowed and the -Petitioner was directed to accord him admission in IIIrd year BE (Civil) Courses for -1999-2000. 2. The facts relevant for filing the…
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