ORDER
SHEET.
IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR.
C.P.No.D 2805 of 2011.
Present.
Mr.Justice
Farooq Ali Channa
Mr.Justice
Salahuddin Panhwar.
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1.For Katcha Peshi.
2.For Hearing of CMA 9861/11.
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11.12.2012. Mr.Nisar
Ahmed Bhambhro advocate for the petitioner.
Mr.Abdul Qayoom Shaikh advocate for the respondents No.1 to 3.
Mr.Agha Ather Hussain AAG for respondent No.4.
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O
R D E R.
SALAHUDDIN PANHWAR,J- The petitioner Evergreen
College of Education, Hingorja through its Administrator Ghulam Jaffar Tanweri
has filed instant petition and pray as under:-
a. That this Honourable Court may be pleased to declare the
acts of Respondents of discontinuation of the affiliation college as illegal ab
initio, without any lawful authority thus may further be pleased to set aside
the notification dated 01.10.2011 directing thereby the respondents to
reconstitute the independent, impartial affiliation committee for revisiting
the petitioner college and award permanent affiliation to the college.
b. That this Honourable Court may be pleased to suspend the operation of impugned
notification.
2. The facts set-out in the petition are that Evergreen College
of Education, Hingorja was established with the approval of competent authority
to impart professional education in the area; the college was provisionally
affiliated with Shah Abdul Latif University Khairpur Mir’s vide letter dated
10.4.2010 for the academic sessions 2010-2011 and after the expiry of such period,
extension was applied for. Pursuant to that application, Affiliation Committee
of University visited the college, during the visit, not found sufficiently
acquainted. That inspector of Colleges also visited the above College and
submitted his report for de-affiliation. The petitioner claimed that respondents
are bent upon to discontinue the affiliation of petitioner’s college with mala fide
and ulterior motives.
3. The respondents in their comments refuted the claim of
petitioner and contended that the petition is not maintainable; The College
does not award degrees but answering University awards the degrees for B.Ed.
and M.Ed. courses/qualifications. The petitioner was only awarded provisional
affiliation for one year; therefore, the University is not bound to extend the
affiliation; By two inspection reports it has come on record that aforesaid
college is not genuine college, therefore, affiliation was not extended on the
ground that said college is not completing criterion, laid down by University
and Higher Education Commission.
4. Learned counsel for the petitioner has inter alia contended
that the respondent No.1 in its prospectus for the academic year 2011-12 has declared
the name of petitioner in their recognized list of colleges; the application
for extension of affiliation is pending before Syndicate but no order has yet
been passed; Inspector and Committee were not authorized to decline or grant
the affiliation therefore any order passed by them has no legal sanctity; the
students were admitted within time, classes were held but with malafide
intention the respondent No.1 has kept the application for affiliation pending therefore,
the petition may be allowed.
5. Conversely, counsel for the respondent Nos.1 to 3 has argued
that aforesaid college is not genuine hence decision made by Committee is
logical because two inspection reports were against the aforesaid college thus,
he, concluded that petition is not maintainable.
6. Learned AAG appearing for respondent No.4 has supported the
arguments as advanced by the counsel for the respondents.
07. We have carefully examined the material available on record
and have considered the arguments, raised by the learned counsels’. It is an
admitted position that the petitioner was granted provisional affiliation for
one year only; but the prospect of the academic year 2011-12, published by the
University, also displays the name of petitioner in the list of recognized
colleges. Further, counsels of respective parties are in one and same opinion,
that Syndicate is the only competent authority to award affiliation or refusal
thereof but record is evident that order, question in the petition, has not
been passed by the Syndicate. The law is very much clear that when a thing is to be done in a particular
manner then it has to be done in that manner and not otherwise, therefore,
any such order should have been passed by the authority, competency, whereof is
not disputed.
8. Moreover, perusal of the record shows that Inspector of
Colleges has issued a letter dated 01.10.2011, whereby the petitioner was
restrained to make admission in B.Ed and M.ED. courses from the sessions
2011-12. We have examined the inspection reports which reveal that the
Affiliation Committee recommended that the Evergreen College of Education ,
Hingorja many not be allowed for further affiliation for the session 2011-12
and on that report vice Chancellor has passed the following order:-
“Unless the college fulfills the minimum criterion
for affiliation hence no further application is allowed for the sessions
2011-12. Inform the college administration immediately”
Without prejudice to the
phrase “unless the college fulfills the
minimum criterion” , the perusal of the above order leaves nothing
ambiguous that it was passed without providing an opportunity of hearing to the
petitioner though it was going to cause serious effect upon the petitioner. Here,
we can endorse with certainty the well established principle of law that no
order should be passed without providing a fair opportunity of hearing /
explanation to the party whose rights would be effected in result of such order
or in consequence thereof. Since no opportunity has been provided to
petitioner, therefore, it is quite obvious that petitioner was condemned
unheard, which is the violation of principle of natural justice. In view of
such legal position, we find it in all fairness of justice, equity and good
conscious to hold that order, impugned, is of no legal effect. However, since
the prerogative lies with respondent No.1 to decide the issue of extension of
affiliation or otherwise, therefore, we direct the respondent No.1 to strictly
follow the procedure so provided for deciding the issue of extension of
affiliation of petitioner after providing an opportunity of hearing to petitioner.
In case, the petitioner fulfills the requirements of affiliation as per law
then students of the aforesaid college be allowed to participate in the
examination in the academic year 2011-2012. This exercise shall be completed
within a period of 15 days from receipt of this order.
9. While
parting we feel it quite proper to observe here, that since the prospectus of
the University for academic year also meant to put the interested student (s)
onto notice about recognized colleges, therefore, the Universities should take
much care and caution while issuing such prospectus because it will cause
serious prejudice to the rights, interests and claims of the students, who got
admissions finding the name of college in the list of recognized colleges and
any subsequent question towards status of such college in result of such
mistake or error may result in prejudicing such rights of the students without
any fault on their part. Thus concerned authority, while decide fate of the
affiliation of petitioner, consider this aspect with caution.
With above finding petition is dispose of.
Judge
Judge
Announced on………………2012.
Akber.