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
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J U D G E
N.M.