h1

1992 CLC 2222

ABDUL QADIR SHAIKH
V/S
REGISTRAR, N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY

Article 22(3)(b) — N.E.D. University of Engineering and
Technology Prospectus for the Year 1991-92, Category 10.2.1(c) —
Admission in Engineering Univerrsity — Introduction of new
category viz., 10.2,1(c), in the Prospectus for the year 1991-92,
whether discriminatory and violative of Article 22(3)(b) of the
Constitution — Provision of Article 22(2)(b) of the
Constitution, safeguard right of a citizen by prohibiting denial
of admission to him to any educational institution receiving aid
from public revenues on the ground only of race, religion, caste
or place of birth — Category 10.2.1(c) of the Prospectus for
year 1991-92, classified candidates on the basis of their
passing either S.S.C. or H.S.C. (Pre-Engineering) Examination or
both from a University other than University of Karachi, inspite
of the fact that such candidates were permanent residents of
Sindh and had obtained their domicile certificates — Such
classification having not been made on the ground of race,
religion, caste or place of birth, same was not violative of the
provisions of Article 22(3)(b) of the Constitution. Province of
Punjab v. Miss. Khakan Mehmood PLD 1985 Lahore 300; Muhammad
Iqbal Khan Niazi’s case PLD 1979 SC 1; Shahnaz Maqbool’s case
PLD 1979 SC 32; Rifat Parveen’s case 1981 SCMR 1002; Sohbat Khan
v. The State PLD 1966 Peshawar 210; Jibendra Kishore Achharyya
Chowdhry v. The Province of East Pakistan etc. PLD 1957 SC 9,
Brigadier (Retd) F.b. Ali v. The State PLD 1957 SC 506; D.S.
Nakara and others v. Union of India (1983) 1 SCC 305 and Remana
Dayaram Shetty v. International Airport Authority of India SCR
1034 (SCC p. 506). Ref.

Article 25 — Equality of citizens — All temporary licenses
whose periods had already expired were cancelled — Petitioner
being one of such licenses could not prove Iqbal Khan Niazi’s
Case PLD 1979 SC 1. Ref.

Articles 25 & 37(6) — N.E.D. University of Engineering and
Technology Prospectus for the Year 1991-92 — Category 10.2.1(C)
— Validity of Category  10.2.1(c) classification pertaining to
those candidates who although residents of Karachi had passed
their S.S.C. or H.S.C. (Pre-Engineering) examination fom a
University other than Karachi Univeresity, on the touchstone of
Artilcles 25 & 37(c) of the Constitution — Introduction of
Category 10.2.1(c) in the Prospectus issued by the University for
the year 1991-92, clearly aimed  at depriving candidates who,
although were permanent residents of Karachi and possessed other
requisite qualifications entitling them to seek admission to the
University, of equal opportunity to compete on the basis of merit
with to her such candidates merely for the reason of their having
acquired a part of their education at a place other than
Karachi — Such classification per se was unreasonable, unjust and
violative of Articles 25 & 37(c) of the Constitution.

Articles 25, 199 & 37(2) — N.E.D. University of
Engineering and Technology Prospectus for the year 1991-92,
Category 19.2.1(c) — Candidate challenging introduction of
Castegory 10.2.1(c) — Educational institution — Admission —
Introduction of new Category 10.2.1(c) in the Prospectus for the
year 1991-92, which restricted right of admission was declared to
be violative of the provisions of Articles 25 & 37(2) of the
Constitution — Time set for admission having already expired,
only those candidates would be considered for admission by the
University who had applied for admission within the time schedule
fixed by the University would be under no obligation to consider
case of   candidates who had not yet applied for admission or
submitted required documents after the expiry of last date
announced for such purpose.          [1992 CLC 2222(a)(b)(d)

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: