| Citation(s) |
|---|
| 2006 SLG 2022 2006 SLD 2022 2006 CLC 506 |
Lahore High Court
Writ Petition No.6538 of 2005, decision dated: 23rd January, 2006.
SH., JAVAID SARFRAZ, J
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Writ Petition No.6538 of 2005, decision dated: 23rd January, 2006.
SH., JAVAID SARFRAZ, J
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NAILA IQBAL
VS
PRINCIPAL, GOVERNMENT COLLEGE FOR WOMEN, MULTAN
Law:
Section:
(a) Calendar of the Board of Intermediate and Secondary Education, Multan-------Regln. 3---Constitution of Pakistan (1973), Art.l99---Constitutional petition---Prospectus of Government College for Women, Multan---Admission of petitioner to College in F.A. (first year)---Failure of petitioner in one subject in 9th class and one subject in 10th class, but having cleared same in supplementary examination---Refusal of college to admit petitioner on her such failure---Validity---Neither College in its Prospectus nor Board of Intermediate and Secondary Education had imposed such restriction on admission of students---Prospectus provided that admission to college would be according to Policy of Government, wherein no such condition had been laid down---Had such condition been made in Prospectus, then petitioner would have applied in another College---Prospectus issued by college must be followed by every one including college authorities---Valuable right had accrued to petitioner after having fulfilled all requirements for admission as laid down in the prospectus---College could not legally deprive petitioner of her such vested right---High Court accepted constitutional petition declaring impugned action as illegal with direction to Principal to admit petitioner in the college. Yasir Arfat v. Vice-Chancellor, Mehran University and others 2000 CLC 393 and Hamidullah Jan v. Sports Selection Committee and 1984 CLC 149 rel. (b) Educational institution--- ----Admission to college---Conditions as laid down in Prospectus---Powers of Principal or College Council to change such conditions. The Principal has to exercise his/her powers judicially and not arbitrarily. The Principal or College Council can change the conditions for regulating the admissions to college, but such changes should be made in the Prospectus before they are handed over to a student as before applying for admission, the student should know as to whether he/she is eligible for the admission or not. Arbitrary change in prospectus after its issuance is not desirable. Tariq Mahmood for Petitioner. Zafarullah Khan Khakwani, A.A.-G. with Muhammad Abdullah Sial, Superintendent, Government College for Women,…
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