ORDER WITH THE SIGNATURE OF THE JUDGE

For Katcha Peshi.

23.06.2012

Syed Sarfaraz Hussain Kazmi, the petitioner in person.

Mr. Abdul Qayyoom A.R. Shaikh, advocate for the respondents.

Mrs. Haleema Khan, Addl: A.G.

The petitioner through the instant petition has sought the following relief :-

“To declare that the impugned order passed by the respondents thereby rejecting the application of the petitioner for his admission in LL.B. Part III for completing his failed papers of Civil Procedure Code and Law of Evidence in Shah Abdul Latif University, Khairpur Mir’s though he has been issued N.O.C. by the University Law College, Quetta Balochistan, is illegal, mala-fide, null, void and without any lawful authority and justification.”

According to the petitioner, he has passed his LL.B. Parts I and II from University Law College, Quetta in the year 1998-1999 but in the examination for Part III held in the year 2000 he failed in two subjects, however, thereafter neither he attempted/ appeared in the examination for the said two subjects nor sought his migration from the above University to any University in Sindh. It was only on 01.06.2009 that the petitioner obtained migration /N.O.C. from the University of Balochistan Quetta and on 04.11.2011 approached Shah Abdul Latif University, Kahirpur Mir’s for migration which request was declined vide order dated 17.5.2012 on the ground that there is lapse of a period of 10 years since his failure in LL.B. Part III examination.

Learned counsel for the respondent-university submits that in terms of notification dated 30.06.2003 the terms / revalidation period for the candidates of LL.B. Part-I, II or III who have failed in one or more than one subjects has been prescribed by the Vice Chancellor, Shah Abdul Latif University Khairpur as eight (8) years however, by the time the petitioner approached the university ten (10) years had already lapsed therefore his request was justly regretted.

The mark-sheet of the petitioner’s result for LL.B. Part III, Annual, 2000 bears the following endorsement :-

“Failed in Paper-I & III till A/2001.”

From the above, it appears that the Part-III examination was held in the year 2001 however, since at present the petitioner is not in possession of any document to show as to when the above result was in fact announced and the counsel for the University is also unable to tell us as to when eight academic years commenced and ended after the announcement of the above result, we would, in the circumstances, dispose of this petition by directing the concerned Authority of the University to examine the petitioner’s case upon his submitting proof of the date of announcement of the result in question and keeping in view as how many academic years have lapsed by the time the petitioner approached the University in the year 2011 and in case, the petitioner’s case thus meets the criteria as prescribed through the above notification dated 30.6.2003, the University shall grant to him the eligibility certificate so that the petitioner may appear in the two subjects as noted above, as per procedure prescribed by the University, however, in case, the petitioner’s case doesn’t fall within the above prescribed criteria, the University may, in its absolute discretion, consider his case on humanitarian ground, for the reason as mentioned in the petition.

The petition is disposed off in the foregoing terms.

ACTING CHIEF JUSTICE

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Aqeel A. Abbasy/23.6.2012\zahid