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Constitutional Petition No. D-486 and Miscellaneous No. 1183 of 1986, decided on 1^st September, 1986.

(a) West Pakistan Registration of Unrecognised Institutions Ordinance (XI of 1962)--

---Ss. 3 & 4--Registration of Private Educational Institution--No vested right, held, existed in any person to get an educational institution registered.

Ss. 3 & 4--Registration of Private Educational Institution--Person running an unrecognised private educational institution in contravention of provisions of Ordinance, held, would run risk of penal action under S.8 of Ordinance.

(c) West Pakistan Registration of Unrecognised Institutions Ordinance (XI of 1962)--

---Ss. 3 & 4--Registration of Private Educational Institution--Petitioner Society established in 1981 a Teachers Training Institute without getting any prior sanction from Government or any authority and applied in 1982 for its registration as an unrecognised educational institution under S.4 of Ordinance--Provisions of S.4 of Ordinance pertaining ',o registration of existing unrecognised private institutions, held, were not applicable to petitioner because that specifically applied to educational institutions which were in existence on 16-4-1962 when said Ordinance came into force--Interference with order of authority refusing registration to petitioner's Institution declined.

R. H. Farooqi with Junaid Farooqi for Petitioner.

Ibrahim Memon, Addl. A.G. for the State.

The petitioner has filed this petition challenging that the respondents are not giving registration to its Institution. The petitioner is an educational society and according to the counsel it had established a Teachers Training Institute in 1981 and applied in September 1982 for its registration as an unrecognised educational institution. The petitioner has not appended any formal letter of any Government Agency declining to register it but Mr. Muhammad Ibrahim Memon, Additional A.G. has filed comments on behalf of the Department and has produced a letter of 10-4-1983, where the Bureau of Curriculum and Extension Wing, Sind has declined the form for registration made by the petitioner. A copy of this letter has been sent to the petitioner. The petitioner's counsel has not been able to contend that this letter was not received by the petitioner. In view of this letter having been issued in 1983, it appears that the petitioner has taken a long time in coming to this Court.

Mr. Rehan Farooqi had submitted that in spite of this letter issued by the Department of Curriculum Authority they have been recognising the present institution of the petitioner in the form of allowing students to appear through Government Teachers Training Institute. However, the position is that the petitioner had established this Institution in 1981 without getting any prior sanction from the Government or from any Authority. The learned counsel took the position that under Section 4 of W.P. Registration of unrecognised Institution Ordinance, 1962, the petitioner had the right of recognition from the relevant Authority. Section 4 requires that a person who intends to establish an unrecognised Private educational institution and any person intending that an unrecognised private educational institution already in existence should be continued as such, shall make an application to the registering Authority in the prescribed form. It appears to us that this Section is not applicable to the case of the petitioner because the - petitioner had already established an institution before it applied for its registration in 1982. The provision in this section about the registration of the existing unrecognised private institution is not applicable to the petitioner because it specifically applies to the existing educational institutions which were in existence on 16th April, 1962, when this Ordinance came into force. Therefore section 4 is not applicable to the case of the petitioner as it came into existence in 1981-82. In any case, it is not the vested right of any person to get an educational institution recognised. A Of course, if the educational institution had been recognised and, then an effort was made by an Authority to cancel the registration of that institution then the position would be different.

In any case section 3 of the said Ordinance referred above places a complete bar upon establishing an unrecognised private educational institution unless it is registered in accordance with the provisions of this Ordinance. The proviso to this section 3 is applicable to only those institutions, which existed when this Ordinance, came into force. i.e. 15th April 1962 and which has been given the right of applying for its registration within a period of 90 days of the coming into force of the Ordinance.

It may be pertinent to note here that a person who runs an unrecognised private educational institution in contravention of the provisions of this Ordinance runs the risk of penal action under section 8.

Mr. Memon has also drawn our attention to the definition of registrating Authority as contained in section 2 (e) of this Ordinance where different authorities have been prescribed in respect of Colleges, secondary schools, higher secondary schools and primary or elementary schools etc. There is no mention of any training institute in this definition of the registering authority. Section 4 of this Ordinance talks of application for registration before the registering authority. Reading of these two provisions together, it appears that there was no provision under Ordinance 11 of 1962 for the registration of institution of the type of petitioner because no registering authority has been prescribed for such an institution. Mr. Enamul Hasan Farooqi wanted to contend that even a training institute is an educational institution. That may be so if we could take the widest connotation of education into consideration. But Ordinance 11 of 1962 does not provide any Regularizing Authority for.' registration of such an institution. Learned counsel has not been able to show any other law on the basis of which the petitioner could claim the right of seeking affiliation or registration. In the light of above discussion, we do not find any justification for this petition, which is dismissed in limine. .

We would however, record an undertaking given by Mr. Muhammad Bachal Memon, Deputy Director of Bureau of Curriculum and Extension Wing Sind, Jamshoro who has stated that those students of the petitioner who have already submitted their forms through other Colleges shall be allowed to appear in the next examinations of the teachers training and their results would not be withheld.

M.Y.H./A-217/K Petition dismissed.

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