ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D 42 & 56 of 2019

Date of hearing

Order with signature of Judge

 

1.    For hearing of CMA No.147/2019

2.    For hearing of main case

 

07.02.2019

 

Mr. Sohail Ahmed Khoso advocate for petitioner in CPD-56/2019.

Mr. Riaz Hussain Khoso advocate for respondent No.2.

Mr. Manzoor Hussain Larik advocate for respondent No.3.

Mr. Imtiaz Ali Soomro, Principal ABD Law College, Sukkur/respondent No.5 in CPD-56/2019.

Mr. Shakeel Akhtar Memon, Principal Govt. Law College, Khairpur/respondent No.6 in CPD-42/2019.

Mr. Irfan Ali Memon, Deputy Attorney General.

Mr. Ahmed Ali Shahani Assistant Advocate General Sindh.

These two petitions involve the admission policy of the Law Colleges. In substance, the question of admission has been decided by the Hon'ble Supreme Court in the case of Pakistan Bar Council V/S Federal Government, reported in 2018 SCMR 1891. In the earlier order passed on 31.01.2019 in these petitions, we have asked the colleges as to why the list of entire students who have submitted applications for admission, has not been forwarded to corresponding universities for onward submission to HECP for conducting test. We have not received any satisfactory reply from the colleges. They only submit that they have forwarded the list of 100 students only to the University who forwarded it to HECP for conducting test in view of the timeframe given by Hon'ble Supreme Court and delay was caused by HECP, however, students are not responsible for this delay. We have noticed earlier also in our order dated 31.01.2019 as to what would happen to the seats in case some of the students failed in LAT test. The colleges sent list of 100 students as against 100 seats allocated to the colleges. We felt it inappropriate on the last date of hearing and were of the view that all those students who were entitled and interested to sit in the admission test and submitted application in the respective colleges for three years programme for which a cutoff date was given in the aforesaid judgment as 31.12.2018, should also be subjected to these LAT test by HECP as the colleges and universities themselves requested for applicability of such mechanism by writing them letters.

2. Today we have been informed that Agha Badr-e-Alam Durrani Law College, Sukkur had received applications from 509 students whereas Government Law College, Khairpur had received 700 applications before cutoff date, who were interested in admission in the law colleges for three years programme. In all fairness, the list of these students should have been sent to the university to which these colleges are affiliated for its onward submission to HECP to conduct test within time prescribed. However, they were only interested in sending the list of 100 students of whom they were not aware where they would stand after LAT test. Students selected by colleges could find themselves below in the merit list after LAT test. This is a discriminative action on the part of colleges. Students other than those 100 students selected by colleges, could secure more marks in LAT test in addition to academic result. It is the aggregate marks of the academic result and LAT test which may entail in the admission of students in different law colleges and the academic marks alone does not matter. The Hon'ble Supreme Court has already laid down the outline of the test to be conducted by HECP. On the last date of hearing, the colleges have also argued that perhaps the formula of taking test by HECP is not applicable to the last three years course programme. We failed to understand that in case it is not applicable, why have they asked to the university for their enrollment and registration subject to LAT test to be conducted by HECP.

3. We are of the view that such programme of conducting aptitude test i.e. LAT test should have been made applicable for both the courses. The three years programme was to be phased out by the end of 31.12.2018, however, all those students who have already applied before time and the admission forms have been accepted by the colleges, their list should have been forwarded to the university for its onward submission to HECP for conducting their aptitude test. We deem it appropriate that not only those 100 students whose list has been forwarded but all students who have submitted their applications to the colleges being qualified to sit in test were entitled to sit in the aforesaid test to be conducted by HECP and only an aggregate result of the two i.e. the academic result and the aptitude result would end up as a merit list for the admission of the students in the law colleges. The colleges may prepare a merit list in consideration of the academic result as well as result of LAT test to be conducted by HECP in the light of the judgment of the Hon'ble Supreme Court. Any student who has not applied for admission before cutoff date of Hon'ble Supreme Court, is not entitled to be a part of this programme.

4. Both the petitions along with listed applications stand disposed of in the above terms.

 

 

 

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J U D G E

N.M.