| Case ID |
ffd7b8e3-3d1e-426e-aaf2-0e6735b83da6 |
| Body |
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| Case Number |
I.C.A. No. 467 of 2016 |
| Decision Date |
Feb 25, 2019 |
| Hearing Date |
Feb 25, 2019 |
| Decision |
The Lahore High Court allowed the intra-court appeal, setting aside the decision of the Single Judge. The court held that there was no repugnancy between the University of the Punjab Act, 1973 and the Higher Education Commission Ordinance, 2002. Therefore, Article 143 of the Constitution was not applicable. The powers vested with the University under Section 28(2)(h) of the University of the Punjab Act, 1973 were for purposes of admission in the University and not for general issuance of equivalence certificates, which was the purview of the Higher Education Commission. |
| Summary |
The Lahore High Court dealt with the issue of degree equivalence and the overlapping jurisdictions of the University of the Punjab and the Higher Education Commission (HEC). The case arose when the appellant sought equivalence of his MBA degree from Allama Iqbal Open University (AIOU) with the University of the Punjab's MBA degree. The Single Judge allowed equivalence but denied admission, prompting the appellant to file an intra-court appeal. The court ruled that the powers of the University under Section 28(2)(h) of the University of the Punjab Act, 1973 were limited to admissions and not for issuing equivalence certificates, which was the responsibility of the HEC under Section 10(1)(o) of the Higher Education Commission Ordinance, 2002. The court found no inconsistency between the two statutes, thereby negating the applicability of Article 143 of the Constitution. The decision underscores the distinct roles of educational institutions and regulatory bodies in determining degree equivalence and admissions, reaffirming the autonomy of the HEC in such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Higher Education Commission,
Pakistan Bar Council,
University of the Punjab,
Allama Iqbal University
|
| Judges |
AMIN-UD-DIN KHAN,
SHAHID BILAL HASSAN
|
| Lawyers |
Malik Muhammad Awais Khalid,
Sheraz Zaka No.1,
Shaigan Ijaz for Allama Iqbal University,
Sajid Ijaz Hotiana for HEC assisted by Nisar, Legal Assistant HEC,
Liaqat Bashir Mughal for Pakistan Bar Council
|
| Petitioners |
UNIVERSITY OF THE PUNJAB THROUGH VICE CHANCELLOR
|
| Respondents |
ALTAF HUSSAIN AND OTHERS
|
| Citations |
2019 SLD 2522,
2019 CLC 1662
|
| Other Citations |
Dr. Zahid Javed v. Dr. Tahir Riaz Chaudhary and others PLD 2016 SC 637,
Sanchit Bonsal and another v. Joint Admission Board (JAB) and others 2012 SCMR 1841,
University of Health Science, Lahore through Vice-Chancellor and others v. Arslan Ali and another 2016 SCMR 134,
Secretary Economic Affairs Division, Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687,
Shamas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477,
Haji Nasir Mehmood v. Mian Imran Masood and others PLD 2010 SC 1089,
Rais Munir Ahmed v. Returning Officer/Additional District and Sessions Judge Sadiqabad and 4 others 2008 CLC 1111
|
| Laws Involved |
University of Punjab Act, 1973,
Constitution of Pakistan, 1973,
Law Reforms Ordinance, 1972,
Higher Education Commission Ordinance, 2002
|
| Sections |
28(2)(h),
143,
3,
10(1)(o)
|