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WAJID ALI versus PAKISTAN BAR COUNCIL

ection Section 10 (l) (o) of the Punjab Act (IX of 1973), Section 28 (h) - Constitution of Pakistan, Arts 143 ???? Powers and Duties of Higher Higher Education Commission - Compliance with Federal and Provincial Laws The Higher Education Commission issued a Degree Equality Certificate through the University of Punjab in the presence of similar jurisdiction to the applicant, saying that the University of Punjab could not issue the Certificate of Equality for any degree. Its counterpart was issued by the University and only some other departments such as the Higher Education Commission - Justification - reading of Section 10 (l) (o) of the Higher Education Commission Ordinance 2002 revealed that it was the domain of higher education. ? The Commission on the Equality and Identification of Degrees issued by various Institutions, both inside and outside the country, with Section 20 (2) (h) of the Punjab Act 1973, with such power as the University of Punjab, however, Article 143 of the Constitution Accordingly, the Higher Education Commission Ordinance 2002, which was enacted by the Parliament (Federal Legislature), had the power over the Punjab University Act, 1973. Statistics observed The High Court observed that the respondent University of Punjab was neither competent nor required to issue equivalent certificates for degrees issued by other universities and this work could only be done by the Higher Education Commission - the High Court added. He said that issuance of the Certificate of Equality by the Punjab University's exercise of parallel system was to seize the powers of the Higher Education Commission and it was unconstitutional as the Legislature for higher education fell under the jurisdiction of the Federal Legislature. Disputed

PLD 2017 Lahore 584

Before Atir Mahmood, J

WAJID ALI—Petitioner

versus

PAKISTAN BAR COUNCIL and others—Respondents

Writ Petition No. 15279 of 2016, decided on 3rd April, 2017.

Higher Education Commission Ordinance —

—S. 10(l)(o)—University of the Punjab Act (IX of 1973), S. 28(h)— Constitution of Pakistan, Arts. 143—Inconsistency between Federal and Provincial Laws—Powers and functions of the Higher Education Commission—Issuance of degree equivalence certificate by University of the Punjab, in the presence of similar powers available to the Higher Education Commission—Scope—Contention of the petitioner, inter alia, was that the University of the Punjab could not issue an equivalence certificate for a degree issued by its counterpart university and only some other department such as the Higher Education Commission could do the same—Validity—Reading of S.10(l)(o) of the Higher Education Commission Ordinance, 2002 revealed that it was the domain of the Higher Education Commission to determine equivalence and recognition of degrees issued by various institutions within and outside the country—Section 20(2)(h) of the University of the Punjab Act, 1973 gave such powers to the University of the Punjab as well, however, per Art. 143 of the Constitution, the Higher Education Commission Ordinance, 2002 having been enacted by the Parliament (Federal Legislature) had precedence over the University of the Punjab Act, 1973 to the extent of repugnancy—High Court observed that respondent University of the Punjab was neither competent nor required to issue equivalence certificates for degrees issued by other universities and the same could be solely done by Higher Education Commission—High Court further observed that practice of a parallel system of issuing equivalence certificates by the University of the Punjab amounted to usurpation of powers of the Higher Education Commission and was unconstitutional as the legislative field for higher education fell within the jurisdiction of the Federal Legislature, which undisputedly prevailed over the Provincial Legislature—High Court declared the act/f unction of the University of the Punjab in issuing equivalence certificates as illegal, void and of no legal effect—Constitutional petition was allowed, accordingly. (op. 587, 588] A, B&C

Rais Munir Ahmed v. Returning Officer/Additional District and

Sessions Judge, Sadiqabad and 4 others 2008 CLC 1111 rel.

Sheraz Zaka for Petitioner.

Amir Mahmood for Respondents.

Date of Hearing: 14th March, 2017.

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