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Writ Petitions Nos.2147 of 1985 and 393 of 1986, decided on 8th February, 1986.
---Art.199--Educational institutions--Admission--Permission to appear in LL.B. Final Examination--Petitioner after passing B.A. Examination without subject of English from Allama Iqbal Open University, got admission in LL.B. Class in University of Punjab--Petitioner who passed B.A. without subject of English was prohibited to appear in LL. B. Final Examination of University of Punjab--On assurance on behalf of petitioner that he would appear in subject of English language before appearing in LL.B. Final Examination, Punjab University Authorities agreed that in case petitioner appeared and passed in English language compulsory examination B.A. from University of Punjab or Allama Iqbal Open University, he would be permitted to appear in final examination of LL.B. of University of Punjab- Constitutional petition disposed of accordingly.--[Educational institution].
Miss Angela Marcks for Petitioner.
Muhammad Farooq for Respondents.
Date of hearing: 8th February, 1986.
This order will dispose of writ petitions Nos.2147 of 1985 and 393 of 1986 as common questions of law and facts are involved therein.
2. There has been a lot of debate from both the sides as to the effect of decision taken by the Academic Council of the University of the Punjab in its anxiety to maintain high educational standard and to bring about a parity between students who obtained Bachelor of Arts decrees from Allama Iqbal Open University, Islamabad and those from other Universities in Pakistan. It is to be noted that B.A. degree is granted by Allama Iqbal Open University without requiring the students to study the English as a compulsory language whereas in all other Universities it is a must.
3. The learned Legal Advisor for the University of Punjab Ch. Muhammad Farooq has stated the history of tackling of this problem by the Equivalence Committee of the University of the Punjab and shown various decisions taken from time to time in order to ensure uniformity of standard. The learned Legal Advisor explains that it is not the intention of University authorities to be harsh on anybody, but they are not ready to compromise in any manner to lower the educational standard in the country or to allow a class of persons to grow and have an edge over others without there being any justification for the same.
4. Miss Angela Marcks, Advocate for petitioners, after having heard the views of the learned Legal Advisor for the University of Punjab and various decisions of Academic Council states that the petitioner's interest lies in the fact that their progress should not be impeded in a manner which is detrimental to their career. She states that the petitioners would appear in the subject of English language before they appear in LL.B. Final Examination.
5. The learned Legal Advisor for the University of Punjab has thought over the plea and he is ready to make a statement to the effect that in case the petitioners appear and pass in the English language compulsory examination B.A. from the University of Punjab or Allama Iqbal Open University, then they would be permitted to appear in the final examination of LL.B. of University of Punjab.
6. Learned counsel for the petitioners is agreeable to this and states that the petitioners shall abide by this.
The writ petitions are accordingly disposed of in the above terms.
H.B.T./T-9/L Order accordingly.
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