NAJEEB ULLAH Versus UNIVERSITY OF AGRICULURE PESHAWAR
ORDER
ROOH-UL-AMIN KHAN, J.--- Through the instant Order we, intend to dispose of the identical Writ Petitions, i.e. the Writ Petition in hand, as well as Writ Petition No.2441-P/2013 and Writ Petition No.1642-P/2013 being similar in nature, facts and circumstance, as vide the impugned notification No. 444/Esams/Deg/AUP dated 09.04.2013, notification No.3063/DT/AUP dated 07.03.2013 in Writ Petition No.2441/2013 as well as notification No.3182/DT/AUP dated 12.04.2013 in Writ Petition No.1742/2013, the admissions of the petitioners have been cancelled.
2. The petitioners through the instant writ petitions have prayed for issuance of Writ declaring the impugned notifications mentioned above, as illegal, without lawful authority and ineffective upon the rights of the petitioners, with further prayer that the respondents be issued directions to issue the BBA (Hons) Degree, in favour of the petitioners.
3. Brief, but relevant facts of the present petitions are that the petitioner of the writ petition in hand, as well as petitioner of Writ Petition No.2441-P/2013, got admission as regular students in Institute of Business and Management Science (IBMS) Khyber Pakhtunkhwa, Agriculture University of BBA (Hons) however, the petitioner in Writ Petition No.1642, had initially got admission in Preston University, Peshawar Campus and after second semester migrated to Agriculture University of Peshawar. At the time of admission the Preston University issued No Objection Certificate to the petitioner for migration and consequently, he was allowed admission as regular students in the same institute. The petitioner of the instant petition was registered under the Registration. No.2009-Agr-U-20400, Class No.62, petitioner in Petition No.2441/2013 as class No.159 under Registration No. 2009-Agr-U-20497, as well as Petitioner in Petition No.1642/2013 was allotted Class No.171 under Registration No.2009-Agr-U-21420, for Session 2009-2012. They qualified the prescribed examination and deposited the requisite fee for getting provisional Certificate and Detail Marks Certificate but through the above-said impugned notification they were informed that their admission has been cancelled. Hence this petition.
4. Learned counsel for the petitioners vividly argued that the impugned notifications have been issued by the Director Teaching, Directorate of Teaching, University of Agriculture Peshawar, who is not vested with the authority; the petitioners had been admitted on approval of the Admission Committee and the vice Chancellor is the only authority to take action against the petitioners. In this way the impugned orders whereby admissions of the petitioners have been cancelled, is without lawful authority and without jurisdiction, thus required to be set at naught.
5. The respondents filed their comments, which reveal that at the time of admission, the petitioners had submitted Secondary and Higher Secondary School Certificates which were sent to the concern Board for verification. According to the report of the Board the certificates mentioned above were fake and bogus. As per certificate and admission form the petitioner of the instant writ petition, has shown the marks obtained in S.S.C. as 784 out of 1050 while in H.S.S.C. he has secured 838 marks out of 1100. However, after verification from the concerned board it came into the limelight that in fact the petitioner has secured 679 out of 1100 marks in his S.S.C. examination. Similarly petitioner, in Writ Petition No.1642 has also succeeded to get admission on fake and bogus Detail Marks Certificates of S.S.C. and H.S.S.C, showing fake marks 789/1050 and 505/1100 instead of 631/1050 and 505/1100 respectively. Same is the case of petitioner in Writ Petition No.2441/2013, whose Detail Marks Sheet was found fake and bogus, after verification from the concerned board. Likewise has committed fraud by making bogus and fictitious entries in admission form, submitted by him at the time of admission.
6. After hearing the learned counsel for the petitioners, the record was scanned from cover to cover which reveals that the petitioners were allowed admission as regular student in Institute of Business and Management Science (IBMS) KPK Agriculture University Peshawar for studying in class BBA (Hons.). At the time of admission they produced Higher Secondary School Certificate along with detail marks certificate showing their "A" grade in S.S.C. and H.S.S.C. respectively. The above-said Detail Mark Certificates were transmitted to the concerned board for verification, report of which has been received in negative. According to report of the board dated 22.02.2013, qua the petitioner of the instant petition has secured 679 marks out of 1100 instead of 838 out of 1100, in his H.S.S.C. Both the detail mark certificates viz fake and original are available on file bearing serial number 100064 Roll No.28526, along with affixed photograph of the petitioner, but with different detail of marks in different subjects. We have noted that both the detail mark certificates have been issued by one and the same authority under his seal and signature on 10.08.2008. The detail mark certificates produced by the petitioner at the time of admission indicates the percentage 75.91% while according to the original detail mark certificates he has secured 67.9% marks. Thus he being low in merit by committing fraud and forgery on university, has got admission in BBA (Hons.) degree.
7. Record also divulged that at the time of admission, the petitioner has executed and submitted an undertaking duly signed by him, clause-II of which is reproduced as under: "that the information in, and documents attached with the application form are correct, and I fully understand that at any time during course of study, if it is found that any information is incorrect or any document produced at the time of admission is false, I would be rendered ineligible for admission under the rules, and my name shall immediately be struck off from the University Roll."
From the above noted para of undertaking, submitted by the petitioner at the time of admission, it is manifest that the petitioner has made a clear promise to the University with knowledge and intention that in future it would be acted upon and binding on the parties, thus the petitioner would not be allowed to resile from it.
8. The petitioner has also alleged mala fide on the part of the respondents and has tried to take shelter of principle of locus poenitentiae but failed to point out any mala fide on the part of the respondents. Mere allegation cannot be given any weight, unless proved through cogent, reliable and unimpeachable evidence. So far as principle of locus poenitentiae is concerned, suffice it to say that the admission of the petitioner was subject to furnishing his antecedents and the university's authority, were under legal obligations to verify the documents from the concerned authorities/ board. The detail mark certificate of the petitioner has been found fake and bogus and he has succeeded in getting admission on fake and bogus certificate which would not saddle him with the accrual of vested rights. Principle of locus poenitentiae could not be applied in such cases where admission as claimed is de fecto. Mere getting of admission, on fake and bogus certificates, would not clothe the petitioner with a vested right nor it could be pleaded, particularly when candidates failed to demonstrate their eligibility for admission. There was no scope of de fecto admission through forged entry in the college and appearance in the examination.
9. The education system is the instrument of society uses to equip all its people to lead productive public and personal lives in according to their talent and interest. This system must be such that gifted individual have full opportunity to develop their skills it must give scope for the training of a leadership and at the same time provide for the development of all the vocational abilities needed for the creation of a progressive and democratic system. The mushroom growth of educational institutions in private sector and defective education policies of the Government have devastated the education system which has resulted into encouraging and adopting the shortcut and now it has become a fashion to impart and get education through fake degrees and certificates. The menace of fake degrees and certificates has traveled from the schools, colleges and universities to the sacred institution of Parliament. So, whatever kinds of seeds we sow in the class room, the manner in which we nurture it and the strength which it imbibes in its various stages of growth will all determine the harvest that the nation will reap in the form of its educated youth coming out of the schools, colleges and universities. The imprints of these institutions of learning will become indelible marks clearly visible in all fields of our national life; be it a clerk in office, soldier in the battle-field a school master, running the administration of the State or parliamentarian legislating for the running of affairs of the country. The use of fake and bogus degrees and certificates has assumed a plague some proportion, which requires to be curbed and dealt with iron hands. We have observed that apart from the student some parents, highly posted officers in education department and high gentry of the society, too, positively intervene, help and facilitate the builder of the nation in their adventure for getting their fake and bogus decrees. In fact, in certain area, the issuance and getting of fake degrees with the connivance of the board and universities has attained the place of a valuable commercial industry and has become a thriving business for a mafia in education department. The establishment of education department would not be able to stop this illicit business and promotion of fake degree culture, without proper legislation from the parliament and providing stringent punishment for the errant; evil designer and holder of the fake degree and certificate. No doubt fraud, cheating and forgery are criminal offences under Pakistan Penal Code, but in the instant case the authorities have folded their hands and shut their eyes against the delinquent, for the reason best known to them.
10. The degree awarded by a university is an asset of prime importance in an individual's life. Circulation of fake degrees and certificates is a menace to the society and a threat to the integrity of both the certificate-holder and educational institutions that awarded the certificates. Hence, there is a pressing need in pre-university institutions i.e. boards of intermediate and secondary education, technical boards and universities to adopt a process that can ensure security of information and authenticity of certificate issued.
11. The learned counsel for petitioners during arguments draw our attention to the fact that the petitioners have appeared and qualified certain examinations from the respondents' university and they deserve to be dealt with leniently. We are afraid, unduly lenient view of the court on the basis of human consideration in regard to such excess on the part of the authorities, has served to create an impression that even where, an advantage is secured by stratagem and trickery, it could be rationalize in court of law. Courts do and should take human and sympathetic view of matters that is the very essence of justice. But the tendency of this kind where advantage gained by illegal means is permitted to be retained will jeopardize the purity of selection process itself; engender cynical, disrespect towards judicial process and in the last analysis embolden errant authorities and candidates into a sense of complacency and impunity that gains achieved by such wrongs could be retained by an appeal to the sympathy of the court. Such instances reduce the jurisdiction and discretion of court into private benevolence. This tendency should be stopped. The students who appear to start their academic career by indulging in trickery and deceitful means, can except no sympathy from this court. Such students shall destroy the fabric of the society and it is desirable that such students be weeded out from the education field, so as to create confidence in the faired deserving genuine students that the education imparted in this country is to bring out honest citizens.
12. Hence, in the premises of the above discussion we are of the considered opinion that the cancellation of the petitioner's admission which was neither illegal nor without jurisdiction nor the respondents are estopped from cancelling their admission, because the principle of equitable and promissory estoppel does not operate in this case.
13. Besides, as mentioned above two certificates showing detail marks of the petitioner have been placed on file and at this juncture it could not be ascertained as to which one is genuine and which one is bogus. The allegation of petitioner and denial by the respondents, create a serious factual controversy which could not be decided without recording of pro and contra evidence of the parties which is not the job of this Court under its extra ordinary constitutional jurisdiction.
14. In wake of the above, these petitions are dismissed in limine. However, the petitioners are at liberty to seek their remedy before the proper forum, if so advised.
ZC/688/P Petition dismissed.