ORDER SHEET.

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR.

 

C.P.No.D 2805 of 2011.

 

 

 

                                                            Present.

                                                            Mr.Justice Farooq Ali Channa

                                                            Mr.Justice Salahuddin Panhwar.

                                                                                    -

                                                           

 

 

1.For Katcha Peshi.

2.For Hearing of CMA 9861/11.

                                                            -

 

 

 

11.12.2012.               Mr.Nisar Ahmed Bhambhro advocate for the petitioner.

Mr.Abdul Qayoom Shaikh advocate for the respondents No.1 to 3.

Mr.Agha Ather Hussain AAG for respondent No.4.

                                                            -

 

 

 

                                                O R D E R.

 

 

SALAHUDDIN PANHWAR,J- The petitioner Evergreen College of Education, Hingorja through its Administrator Ghulam Jaffar Tanweri has filed instant petition and pray as under:-

 

a. That this Honourable Court may be pleased to declare the acts of Respondents of discontinuation of the affiliation college as illegal ab initio, without any lawful authority thus may further be pleased to set aside the notification dated 01.10.2011 directing thereby the respondents to reconstitute the independent, impartial affiliation committee for revisiting the petitioner college and award permanent affiliation to the college.

 

b. That this Honourable Court may be pleased to       suspend the operation of impugned notification.

 

2.         The facts set-out in the petition are that Evergreen College of Education, Hingorja was established with the approval of competent authority to impart professional education in the area; the college was provisionally affiliated with Shah Abdul Latif University Khairpur Mir’s vide letter dated 10.4.2010 for the academic sessions 2010-2011 and after the expiry of such period, extension was applied for. Pursuant to that application, Affiliation Committee of University visited the college, during the visit, not found sufficiently acquainted. That inspector of Colleges also visited the above College and submitted his report for de-affiliation. The petitioner claimed that respondents are bent upon to discontinue the affiliation of petitioner’s college with mala fide and ulterior motives.

 

3.         The respondents in their comments refuted the claim of petitioner and contended that the petition is not maintainable; The College does not award degrees but answering University awards the degrees for B.Ed. and M.Ed. courses/qualifications. The petitioner was only awarded provisional affiliation for one year; therefore, the University is not bound to extend the affiliation; By two inspection reports it has come on record that aforesaid college is not genuine college, therefore, affiliation was not extended on the ground that said college is not completing criterion, laid down by University and Higher Education Commission.

 

4.         Learned counsel for the petitioner has inter alia contended that the respondent No.1 in its prospectus for the academic year 2011-12 has declared the name of petitioner in their recognized list of colleges; the application for extension of affiliation is pending before Syndicate but no order has yet been passed; Inspector and Committee were not authorized to decline or grant the affiliation therefore any order passed by them has no legal sanctity; the students were admitted within time, classes were held but with malafide intention the respondent No.1 has kept the application for affiliation pending therefore, the petition may be allowed.

 

5.         Conversely, counsel for the respondent Nos.1 to 3 has argued that aforesaid college is not genuine hence decision made by Committee is logical because two inspection reports were against the aforesaid college thus, he, concluded that petition is not maintainable.

 

6.         Learned AAG appearing for respondent No.4 has supported the arguments as advanced by the counsel for the respondents.

 

07.       We have carefully examined the material available on record and have considered the arguments, raised by the learned counsels’. It is an admitted position that the petitioner was granted provisional affiliation for one year only; but the prospect of the academic year 2011-12, published by the University, also displays the name of petitioner in the list of recognized colleges. Further, counsels of respective parties are in one and same opinion, that Syndicate is the only competent authority to award affiliation or refusal thereof but record is evident that order, question in the petition, has not been passed by the Syndicate. The law is very much clear that when a thing is to be done in a particular manner then it has to be done in that manner and not otherwise, therefore, any such order should have been passed by the authority, competency, whereof is not disputed.

 

8.         Moreover, perusal of the record shows that Inspector of Colleges has issued a letter dated 01.10.2011, whereby the petitioner was restrained to make admission in B.Ed and M.ED. courses from the sessions 2011-12. We have examined the inspection reports which reveal that the Affiliation Committee recommended that the Evergreen College of Education , Hingorja many not be allowed for further affiliation for the session 2011-12 and on that report vice Chancellor has passed the following order:-

“Unless the college fulfills the minimum criterion for affiliation hence no further application is allowed for the sessions 2011-12. Inform the college administration immediately”

 

Without prejudice to the phrase “unless the college fulfills the minimum criterion” , the perusal of the above order leaves nothing ambiguous that it was passed without providing an opportunity of hearing to the petitioner though it was going to cause serious effect upon the petitioner. Here, we can endorse with certainty the well established principle of law that no order should be passed without providing a fair opportunity of hearing / explanation to the party whose rights would be effected in result of such order or in consequence thereof. Since no opportunity has been provided to petitioner, therefore, it is quite obvious that petitioner was condemned unheard, which is the violation of principle of natural justice. In view of such legal position, we find it in all fairness of justice, equity and good conscious to hold that order, impugned, is of no legal effect. However, since the prerogative lies with respondent No.1 to decide the issue of extension of affiliation or otherwise, therefore, we direct the respondent No.1 to strictly follow the procedure so provided for deciding the issue of extension of affiliation of petitioner after providing an opportunity of hearing to petitioner. In case, the petitioner fulfills the requirements of affiliation as per law then students of the aforesaid college be allowed to participate in the examination in the academic year 2011-2012. This exercise shall be completed within a period of 15 days from receipt of this order.

 

9.      While parting we feel it quite proper to observe here, that since the prospectus of the University for academic year also meant to put the interested student (s) onto notice about recognized colleges, therefore, the Universities should take much care and caution while issuing such prospectus because it will cause serious prejudice to the rights, interests and claims of the students, who got admissions finding the name of college in the list of recognized colleges and any subsequent question towards status of such college in result of such mistake or error may result in prejudicing such rights of the students without any fault on their part. Thus concerned authority, while decide fate of the affiliation of petitioner, consider this aspect with caution.

With above finding petition is dispose of.

 

                                                              Judge

                                                                       Judge

Announced on………………2012.

 

 

 

 

 

 

Akber.