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Constitutional Petition No.D-131 of 1984, decided on 12th March, 1985.

---Regin. No.5, C1.28--Constitution of Pakistan (1973), Art.199- Admission in First LL.B. Class--Qualifications for admission of- Admission of unqualified candidate-- Withholding of result by University--Validity--Constitutional jurisdiction, exercise of--No rule existing under which admission could be given in First LL.B. Class to a student who was not qualified in accordance with cl. 28 of Regulri. No.5 of University of Karachi Code--Permission given to petitioner in First LL.B. Class before clearing his B.A. (Final) Examination, held, was contrary to said Regulation and as such his result of First LL.B. Examination was rightly withheld by University authorities--No case for interference of High Court having been made out in constitutional jurisdiction, High Court dismissed petition observing that petitioner might seek remedy, if any available to him under any law against respondent. ---[Educational Institution].

Muhammad Yaseen Azad for Petitioner.

Rehanul Hasan Farooqui for Respondents Nos.1, 2 and 3.

Syed Izhar Haider Rizvi for Respondent No.4.

Date of hearing: 12th March, 1985.

The petitioner's case is that he appeared at the B.A. Examination of the year 1980, under Roll No.928 as a regular student from the Sind Muslim Government College, Karachi, but failed. However, pursuant to the alleged announcement by the University. of Karachi that the candidates who failed in one or two papers in B.A. could get admission in higher classes, he sought and got admission in Urdu Law College in the First LL.B. Class and deposited the fee. Thereafter, he appeared in the First LL.B. Examination held in the year 1983, even before clearing his B.A. (Find) Examination but his result was withheld on the ground that he was not eligible to appear in First LL.B. Examination because he had not cleared his B.A. (Final) Examination. The petitioner has therefore questioned this action.

2. The learned Counsel for the petitioner has mainly relied on the so-called announcement made by the University of Karachi. But there is no such announcement made by the University of Karachi. There is only a clarification issued by the Principal, Urdu College, Karachi, respondent No.4, which was published in daily J ANG, dated 9-12-1982. The English translation whereof reads as follows:----

" Clarification of Professor Khalilullah Regarding Admission in LL. B.

Karachi 9, December (P.R.), --Professor Muhammad Khalilullah, Principal, Federal Government Urdu College, has strongly refuted this news that the administration of Urdu Colleges had given admission to 18 students in LL.B., prior to the results of B.A. when they were not entitled to admissions in LL.B. Professor Muhammad Khalilullah said that according to University Rules, every student who fails in one or at the most in two papers, in the examination of B.A., B . Com. , or B.Sc. (IInd Year) is eligible for higher classes. Therefore, these 18 students given admission in Urdu College, is absolutely according to the Rules of the University and they are entitled for admission in LL. B. , and they have also attached B.A. or B. Com. , Final Examination Marks Sheet with the Admission form. Whereas, such students cannot be declared successful uptil the time they do not clear the remaining papers of B.A. or B.Sc. or B.Com. Second Year. This is also incorrect to say that such students who had failed in one or two papers of B.A., B.Com., or B.Sc., Final, too have been given admission in LL.B. , only in Urdu College. He said that admission has been given in all Law Colleges, according to this Rule. Professor Muhammad Khalilullah said that this impression has been given in this news that the College has observed irregularity in admissions, which is totally wrong."

3. We asked the learned counsel for the petitioner whether there is any rule which allows admission in First LL.B. Class even before obtaining necessary qualification, he referred to the Regulation No.5, clause 28 at page 382 of the University of Karachi Code, which reads as follows:----

4. This clause however, clearly shows that he was not qualified to get admission in Ist LL.B. Class without first possessing a degree as mentioned in Clause 28. We asked Mr.Syed Izhar Haider Rizvi, learned Counsel for respondent No.4, whether the clarification attributed to respondent No.4 and published in daily JANG was pursuant to any statute, he replied that there was no rule under which the admission could be given in First LL.B. Class to a student who was not qualified as provided in clause 28 of Regulation No.5 of the University of Karachi Code.

5. It is therefore clear that the admission given to the petitioner in First LL.B. Class was contrary to the Regulation. Accordingly, no case for interference has been made out in this constitutional jurisdiction. The petitioner may seek his remedy, if any, under any law, against respondent No.4. We therefore, dismiss this petition in limine.

H . B . T . / M-175/ K Petition dismissed.

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