Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD UMAIR ASHIQ AND 25 OTHERS VS Respondent: HIGHER EDUCATION COMMISSION, ETC
Court Name: Lahore High Court Judge(s): Amin-Ud-Din Khan, Malik Shahzad Ahmad Khan, Muhammad Ameer Bhatti Title: MUHAMMAD UMAIR ASHIQ AND 25 OTHERS vs HIGHER EDUCATION COMMISSION, ETC Case No.: W.P.NO.872 of 2017 Date of Judgment:2019-07-03 Reported As: 2020 [M] C L R 203, 2019 MLD 2056, PLJ 2019 Lahore 704, 2019 LHC 2301 Result: petition accepted
Judgment AMIN-UD-DIN KHAN, J. Through this single judgment we intend to decide the above captioned Writ Petition as well as 42 other Writ Petitions mentioned in Annexure-A of this judgment. 2. The main prayer in the instant writ petition as well as in identical writ petitions mentioned in Annexure "A" is noted as below:- "It is most therefore, respectfully prayed that respondent No.1 be directed to get verify and attestation of the Degrees and transcripts of the petitioners issued by the Preston institute of Management Science and Technology forthwith in the interest of justice. Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the petitioner ." The case pleaded through the respective petitions by the petitioners/students is that they got admission in various courses introduced by a sub- campus of Preston Institute of Managem ent Science and Technology , 177/2, IEP Building Opposite Regent Plaza Hotel, Shahr-e-Faisal Karachi, which was being run at that time under the Chairmanship of respondent No.5. In later part of this judgment "Institute" will mean (Preston Institute of Management Science and Technology , 177/2, IEP Building Opposite Regent Plaza Hotel, Shahr-e-Faisal Karachi ) and "sub -campus" means (Preston Institute of Management, Science and Technology , 4-A New Muslim Town, Lahore ). The petitioners got admissions and paid tuition fees along with other charges, completed the studies of their courses introduced by the "sub-campus" and after completion of their courses they were granted/issued transcripts and degrees by the "Institute". The "sub-campus" was of the Chartered Institute having its charter from the Government of Sindh. The petitioners approached the Higher Education Commission for verification of their degrees and transcripts. On refusal by the HEC for verification of their transcripts and degrees, some of the students approached to the Federal Ombudsman. The Ombudsman passed an order on 15.09.2016. After that the students approached the Higher Education Commission but without any progress. It is pleaded that some of the degrees issued by the Institute in favour of students who studied at sub-campus were verified by the HEC but by discrimination the petitioners were refused, therefore, it is clear violation of Article 4 and 25 of the Constitution of Islamic Republic of Pakistan, 1973, hence these writ petitions with the prayer noted supra. 3. The report and para wise comments, supported with the voluminous documents, were filed by the Higher Education Commission, Govt. of the Punjab as well as respondents No.5 to 7 and 9. 4. The pivotal question before us is that whether the Institute has validly established a sub-campus at Lahore, to consider the prayer of the petitioners. Though the question of valid or invalid establishing sub-campus is not directly raised before us by any of the parties except in reply the stance of Higher Education Commission is that it was absolutely invalid and illegal sub-campus established without observing the formalities and even Parent Alert was issued for the information of parents by the HEC. It is the case of respondent No.1 (HEC) that without going through this aspect of the case or declaring the validity or invalidity of the sub-campus as legal/valid or illegal/invalid, the prayer made in the writ petition cannot be considered. We agree with the learned counsel representing the High Education Commission, though it was the duty of respondent No.7 to resolve the problem of the students regarding not verifying their degrees by the HEC issued in favour of the students by the sub-campus at Lahore of the Institute of respondent No.7 but neither they have come to the court nor record shows that they ever made any effort to resolve the matter in issue except that before us they have tried to establish that though there were some discrepancies in performance of their duties but they support the prayer made by the students through these writ petitions. 5. Learned counsel representing the respondents No.5 to 7 and 9 has argued that for establishment of a Campus by a private chartered degree granting Institute, the HEC was nothing to do with the establishment of sub-campus. The only duty of the HEC was to visit the sub-campus in accordance with Section 10 of the Guidelines for the establishment of new University or Institution of Higher Education commonly known as Cabinet Criteria as the Cabinet has approved these guidelines in the year 2010. Therefore, it is necessary for us to note the series of facts about the charter of the Institution at Karachi and establishment of its sub-campus at Lahore.
---
## Page 2
6. The history of PIMSA T which we are taking from the report and para wise comments submitted by respondent No.9 that in the year 2001 the Preston Institute of Management, Science and Technology Ordinance 2001 was promulgated as Sindh Ordinance No.XXVI of 2001. In accordance with Section 3 of the Ordinance an Institute to be known as the Preston Institute of Management, Science and Technology at Karachi. For ready reference we quote sub-paragraphs (1) & (2) of Section 3 of the Ordinance, which are as follows:- (1). There shall be established an Institute to be known as the Preston Institute of Management, Science and Technology at Karachi consisting of the Patron, the Chairman, the Rector, the Deans, the Chairmen of the Teaching Departments, the members of the Board, the members of the Academic Council and such other officers as may be prescribed. (2). The Institute shall be a body corporate by the name of the Preston Institute of Management, Science and Technology owned, managed and administered by the Society having perpetual succession and a common seal and shall sue and be sued by the said name. (3). (4). 7. We also note that in Section 4 the powers of institute have been mentioned as prescribed by the Government or the University Grants Commission as at that time University Grants Commission was functioning, now it is Higher Education Commission. As per the counsel for respondents No. 5 to 7 and 9 in the 5 meeting of Board of Governors of the PIMSA T Karachi held on 13.8.2009 Agenda Item No. 9 was with regard to opening a campus at Lahore. Refers that vide order dated 7.10.2008 a permission was sought from the Provincial Education Department, Government of Punjab, Lahore. Ultimately as per learned counsel the NOC was granted on 21.5.2008 for a period of six months subject to fulfillment of conditions mentioned in Para 2 of the said notification. Para 2 of the Notification is reproduced verbatim:- "The NOC is valid for six months only, from the date of issuance. Within stipulated time period the sponsors of the Institute are directed to complete all the legal formalities (as laid down in Section 1.2.1 and 2.2.2 of the criteria) regarding the opening of an Institute in private sector, notified by the Higher Education Department vide No. SO(Univ.) 5-6/2004 dated 20 September, 2006." 8. The HEC wrote a letter to the HED on 21.5.2009 for withdrawal of the Notification of NOC on the ground that the PIMSAT Karachi does not have any provision of operating campus in other Provinces. It is stated by the learned counsel for the said respondents that the period of NOC was never extended despite the fact that extension was sought. States that in six months an Institution cannot meet with the requirements mentioned in the NOC, therefore, extension was sought. It was also argued by the learned counsel for the said respondents that even a move was made for amendment of the Charter before the Governor of Sindh which was processed by the concerned staff of the Governor office but it could not be materialized in the shape of issuance of amended Ordinance by the Governor. 9. Now we consider the point that what are the powers/domain of HEC, whether respo ndents Nos. 5 to 7 and 9 were not required even to inform the HEC for opening the sub-campus of the institute at Lahore or they were required any permission from the HEC or there is any supervisory control of the HEC if any sub-campus is established by a Charter Degree Granting Institute in any other City or Province. The HEC is governed by the HEC Ordinance, 2002. Section 10 relates to the Powers and Functions which is reproduced:- 10. Powers & Functions of the HEC. (1) For the evaluation, improvement, promotion of higher education, research and development, the Commission may ---- (a) formulate policies, guiding principles and priorities for higher education Institutions for promotion of socio-economic development of the country; (b) cause evaluation of the performance of Institutions; (c) (d) prescribe conditions under which Institutions, including those that are not part of the State educational system, may be opened and operated; (e) set up national or regional evaluation councils or authorize any existing council or similar body to carry out accreditation of Institutions including their departments, faculties and disciplines by giving them appropriate ratings. The Commission shall help build capacity of existing councils or bodies in order to enhance the reliability of the evaluation carried out by them; (f) advise the Federal Government and the Provincial Government on proposals for granting a charter to award degrees in both public and private sector , (o) determine the equivalence and recognition of degrees, diplomas and certificates awarded by Institutions within the country and abroad; (q) provide guidelines as regards minimu m criteria and qualification for appointme nt, promotion, salary structure in consultation with the Finance Division and other terms and conditions of service of faculty of adoption by individual Institutions and review it implementations; (v) guide Institutions in designing curricula that provides a proper content of basic sciences, social sciences, humanities, engineering and technology in the curricula of each level and guide and establish minimum standards for good governance and management of Institutions and advise the Chancellor of any institution on its statutes and regulations; (y) perform such other functions consisten t with the provisions of this Ordinance as may be prescribed or as may be incidental or consequential to the discharge of the aforesaid functions." Clause (d) of section 10 relates to conditions under which institutions including those that are not part of said education system may be opened and operated. Under Class (e) of Section 10(1) of the HEC Ordinance there are 5 Accreditation Councils established under the HEC which are as under:- 1. National Computing Education Accreditation Council. 2. National Business Education Accreditation Council. 3. National Accreditation Council for Teachers Education. 4. National Agricultural Education Accreditation Council. 5. National Technology Council. That these five councils are apart from the other nine Councils regulating professional education and established under their respective laws are: 1. Pakistan Bar Council. 2. Pakistan Council for Architects and Town Planners.th th
---
## Page 3
3. Pakistan Engineering Council. 4. Pakistan Medical and Dental Council. 5. Pakistan Nursing Council. 6. Pakistan Pharmacy Council. 7. Pakistan Veterinary Medical Council. 8. National Council for Homeopathy. 9. National Council for Tibb." Under Clause v of section 10 the HEC in order to impart quality education at par with the international standard the Curriculum Division of HEC undertakes the revision of curricula. In accordance with Clause (o) of Section 10 as provided in Cabinet Criteria the HEC verifies the availability of physical, financial and academic infrastructure, and if the same fulfills the criterion the NOC is issued for award of the Charter by the concerned legislature, in that case no post Charter NOC is required. 10. There are guidelines for the establishment of a new University or an institu tion of Higher Education. These are approved by the Cabinet, therefore, same are called Cabinet Criteria. Para 3.1 of the Criteria is reproduced for ready reference:- "Institutions normally apply to the concerned Government where they are situated. In case the institution is located in the federal territory, the application shall be made to the HEC. In case an institution is based in a provincial territory, the application shall be addressed to the concerned Provincial Education Department. The Chancellors' Committee in its first meeting held on May 11, 2004 necessitated that each Provincial Government will follow the Cabinet Criteria for evaluation and grant of charter. In case of grant of provincial charter, the HEC is usually consulted by the Provincial Governments. For this purpose, the clearance by the HEC shall help in facilitating the grant of charter." Para 3.2.2 as well as 3.3.1 are also reproduced:- "General Institutional requirements. The essential requirements for meeting institutional formalities are detailed in Form PU-01 and may be categorized under the following main headings: Registration as a legal entity . Premises and availability of physical resources. Organization and governance. Administrative and academic staf fing. Student body and student support services. Programmes of study and courses of study . Teaching and learning. Examination and assessment. Quality assurance mechanism, student supervision and Budget & Finance. Sub-Para (xvi) of Para 4.3 and (xvii) are also reproduced respectively:- "That permission granted shall be restricted to a specified place and a particular course/degree. No sub-campus, branch or outpost shall be established or franchised without the prior approval of the HEC. And Campuses located in one city of a private university/institution will be considered collectively as one unit for the application of the criteria. However, the campus of a private university/institution located in other cities would be treated as a new institution and the same criteria will be applicable to each campus." 4.6 is relating to Monitoring which is also reproduced:- i. That the institution shall furnish such reports, returns and other information as the HEC may require, enabling it to judge the efficiency and effectiveness of the institution; ii. the HEC or the Education Department of the concerned Province shall be competent to carry out periodic inspections and monitoring the visitation as may be determined from time to time. iii. that the establishment and continuation of arrangements shall be subject to visitation/monitoring by the HEC or the Education Department of the concerned Province and that the institution strictly follows the rules framed by the concerned from time to time; iv. that the HEC or the Education Department of the concerned Province may call upon any educational institution to take such action as may appear necessary in respect of any of the matters specified under any law for the time being in force or any rules of the concerned bodies; v. that the HEC or the Education Department of the concerned Province shall have full powers to take any such action, including closure of an institution, if it has been found indulging in any subversive or unlawful activity , or it avoids/overlooks provisions of laws etc; vi. The HEC would be the competent authority to grant accreditation, validate courses and syllabi of the university/institute, which shall be subject to quality standards set by the HEC. The accreditation will be withdrawn if found that the institution is unable to satisfactorily demonstrate its ability and commitment to achieve and maintain national academic standards; vii. The university/institute shall be liable to provide facilities to the representatives of the HEC, the Pakistan Engineering Council, Pakistan Medical and Dental Council or such similar relevant organizations for visitation to enable them to verify that the university/institute is maintaining appropriate academic standars." We have noticed that vide order dated 24.4.2017 this Court directed Dr. Nizam-ud-Din, Chairman Punjab Higher Education Commission who was present in Court to submit report whether Punjab Higher Education Commission has played its role to eradicate all evils played by respondents Nos. 5 and 7 with the public at large. Record shows that a Committee was constituted comprising (i) Mr. Nazeer Hussain, DG, HEC, Regional Centre, Lahore, Convener; (ii) Mr. Muhammad Zargham Nusrat, Controller of Examination, UET, Lahore, Member; and (iii) Raja
---
## Page 4
Shahid Javed, Additional Controller of Examinations, University of the Punjab, Lahore, Member and the Committee gave the findings which are reproduced as under:- 1. The Committee observed that the BOG of the PIMSA T Karachi, even though not competent to do so, has even in fact never accorded any approval for opening and establishing any teaching establishment at Lahore. As mentioned above the BOG never instituted or recruited any faculty for teaching at Lahore. This shows that the sub-campus claimed to be of PIMSA T Lahore has no connection with the PIMSA T Karachi. If some officer of the Institute be it Chairman or Rector , has been running an Institute or teaching establishment of its own the same cannot be deemed to be a part of the Institute at Karachi. This fact is further augmented by the fee receipts which have email addresses (edpimsat _lahore@yahoo.com and chairmanpimsat@hotmail.com ) which do not belong to PIMSA T official domain. If the Petitioner/students had paid any fees to the Institute then it should have gone in the account of the PIMSA T Karachi via its Authorities, and not in the account of some or any of its Of ficers. 2. The institute at Lahore using name PIMSAT Lahore seems to be having some links or deal with the officials at PIMSA T at Karachi only for signing of degrees and transcripts allegedly issued to the students enrolled at Lahore without knowledge and approval of the Authorities of the Institute including Board of Governor . This matter needs further investigation and the Authorities of the Institute especially the Board of Governors may be asked to look into the matter . 3. The final gazette notification of results was also not declared by the PIMSA T Karachi under the signature of the Controller of Examination which further shows that there exists no link between PIMSA T Karachi and the alleged Lahore campus. 4. In view of the above facts this Committee has unanimously concluded that the Lahore establishment has no nexus whatsoever with the PIMSA T at Karachi and just one Officer of the Institute i.e. the Chairman was running his private establishment under the garb of Lahore campus of the PIMSA T Karachi and he managed, in connivance with some other officers of the PIMSA T Karachi, the issuance of transcripts and degrees of the students of the alleged Lahore campus." 11. After the scrutiny of above mentioned notification, correspondence, the relevant provisions of HEC Ordinance, the guidelines (Cabinet Criteria) and the PIMSA T Ordinance we are of the view that before opening the campus at Lahore the PIMSA T was required to have powers in its own Ordinance, whereby the Charter was granted, to establish an institution at Karachi, for establishment of any campus out of the Sindh Province. Admittedly , the amendment sought by PIMSA T was not from the Provincial Assemb ly of Sindh, furthermore the process initiated in the wrong forum, never ended with the issuance of amended Ordinance or Ordinance. Needless to observe that Governor to act on the advice of cabinet or the Chief Minister in accordance with Article 105 of the Constitution of Islamic Republic of Pakistan, 1973. 12. The NOC granted to PIMSAT Karachi by the HED Punjab for opening of sub-campus was conditional, that too, for a period of six months which admittedly was never extended and there is nothing on record to show that the conditions were fulfilled. 13. On the basis of Cabinet Criteria specially sub-para (xvi) of Para 4.3 the opening of sub-campus without the permission of the HEC was not competent. Even there is nothing on the record to show that the Board of Governor of PIMSAT Karachi (Institution) ever discussed agenda item and approved any mechanism for the establishment of sub-campus at Lahore. The only record is available for purchase of land for the establishment of sub-campuses at Lahore and nothing more. There is also nothing on record to show that faculty members were appointed by the Board of Governors of PIMSAT and what was the faculty for each degree program. Further astonishing fact is that as per the detail provided to us from Karachi Campus there are total 8323 degrees granted to the students of main campus of PIMSAT Karachi, whereas from the Lahore sub- campus the number is 21350. Even it is not the case of PIMSAT that they either sought permission from the HEC for establishment of campus or anything on record to show that the PIMSAT sub-campuses ever presented their record to the HEC with regard to registration of their students at sub-campus. The record of faculty members appointed by the competent authority and their qualification as a teacher of the subject for which the students were given admission was also never provided to the HEC, as this fact was noted by the Inspection Committee constituted by the HEC after the orders passed by this Court and Committee was of the view that there is no record of proper appointment of faculty members of the degree classes by the authority and record of students is also not proper and further the invitation to the HEC for the inspection of the campus to see that the campus otherwise meet with the criteria of building library and other facilities required to be given to the students for a degree program is also not available. In these circumstances, we are unable to accede to the reque st made by the students through the instant writ petition as well as writ petitions mentioned in Annexure-A etc with this judgment, therefore, instant writ petition as well as writ petitions mentioned in Annexure-A are dismissed with no order as to costs. 14. Before parting with this judgment we express our great concern, prima facie we observe that lives/future of thousands of students have been ruined when as per students they had paid fees etc. and at the end of the day their degrees are not being recognized by the HEC. During hearing of the arguments on the basis of parental jurisdiction the HEC was directed to consider hardship of the students. The HEC in writing submitted following solutions to resolve the matter on 23.1 1.2018. The main solutions suggested are reproduced:- i. As such the degrees of all students enrolled up to Spring-2009 at Lahore campu s of PIMSA T Karachi will be recognized by HEC, subject to the fulfillment of all codal formalities, and in line with rules and regulations. i. The recognition of professional degrees (if any) (i.e. Law/Engineering/ Medicine/ Pharmacy/Architecture etc) will be subject to registration by the relevant professional accreditation councils. iii. However, the students who were enrolled in and studied after spring-2009 at the illegal campus of PIMSAT at Lahore, in violation of directions of this Commission and Government of the Punjab, would be required to appear and obtain passing marks in a comprehensive test prior to the recognition of their awards. Each such student would be given only one opportunity to appear in test, and obtain a minimum of 50% marks in the comprehensive test for the verification of his/her degree failing which their degrees will not be recognized. All the expenditure on the conduct of test would be borne by PIMSAT Karachi. iv. Degrees of all MS/MPhil and PhD programs (if any) after 2009 would not be recognized by HEC. The University will be required to reimburse three times fee/expenses incurred by these students to compensate for their financ ial loss and mental agony . These students would also be entitled to claim any other damages from the institution for the wastage of their precious time and money; v. All the students whose degrees are not recognized by the Commission, those students would be entitled to receive three times the fee/expenses incurred by them. They would also be entitled to claim any other damages from the university for the wastage of their time and money .
---
## Page 5
vi. Admissions/fresh intake at PIMSA T Lahore shall continue to be banned/closed and the name of the campus will remain in the list of illegal/fake institutions. vii. The institution will provide a list of all graduated students as per HEC specimen within seven days,…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.