MUHAMMAD ALI BUGTI vs N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY and another
The petitioner filed a constitutional petition challenging the Sindh High Court's dismissal of his plea against the N.E.D. University of Engineering and Technology. The petitioner, admitted to the Bachelor of Engineering program in 1989-90, failed to qualify for his degree within the mandatory seven-year academic period, despite changing his faculty from Computer Systems to Civil Engineering in 1993-94. The petitioner sought an additional chance to appear for the examination, citing extraordinary law and order conditions in Dera Bugti as the reason for his failure to complete the course within the prescribed timeframe. The Supreme Court examined whether the High Court erred in declining relief. The Court held that the petitioner had admittedly exhausted the maximum seven-year limit allowed for completing the course. Consequently, the Court found no illegality or material irregularity in the High Court's decision. The Supreme Court affirmed that the petitioner was not entitled to further relief and dismissed the petition, ruling that no grounds existed for granting leave to appeal under Article 185(3) of the Constitution.
- Whether a student who has exhausted the maximum prescribed academic years to complete a degree is entitled to an additional chance to appear for examinations?
- Does the High Court commit an illegality by dismissing a constitutional petition where the petitioner admits to failing the prescribed academic requirements?
- Under what circumstances can the Supreme Court interfere with a High Court order declining relief in constitutional jurisdiction?
- Article 185(3), Constitution of Pakistan 1973
RANA BHAGWANDAS, J.--- Petitioner is aggrieved by Sindh High Court order, dated 5-11-2004 dismissing his constitution petition against disallowing him to appear at the examination of Bachelor of Engineering (Civil) in the light of notice, dated 27-9-2004 published in daily "Jang", Karachi issued by respondent-University.
2. Grievance of the petitioner appears to be that all students, who failed to qualify the course of study prescribed for the examination of Bachelor of Engineering in seven academic years i,e, from 1991-92 onwards and enrolled with the respondent-University were allowed one more chance as a special opportunity on humanitarian consideration. The petitioner admittedly was admitted to the course of B.E. (Computer System) in the batch 1989-90. He secured change of faculty from Computer System to Civil Engineering in the academic year 1993-94 but failed to qualify the examination in seven academic years. He later, invoked the constitutional jurisdiction of the High Court but without any success on the premise that he had exhausted the limit of seven academic years during which he was required to qualify the course of studies.
3. Mr. Jatoi learned Advocate Supreme Court for the petitioner, on facts, conceded that the petitioner could not qualify the examination on account of the fact that there were extraordinary and abnormal law And order conditions prevailing in Dera Bugti but contended that despite the failure of the petitioner he would be entitled to avail of one more chance as notified by the respondent-University. In view of the fact that duration of the course is spread over five years and the candidates shall be allowed maximum seven academic years from the date of their first admission for passing the final year examination, it is difficult to subscribe to the view of the learned counsel, which on the face of his admission, is untenable and not fit to be accepted. In our considered view, by declining relief in the constitutional jurisdiction, High Court neither committed any illegality nor acted with material irregularity justifying interference by this Court under Article 185(3) of the Constitution.
' No ground for leave is made out. Petition is accordingly dismissed.