Asif Waheed and Others (Petitioner) VS Govt. Islamia Law College and Others (Respondent)

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-5501 of 2021

C.P.No.D-791 of 2023

Ditlc Order with Signature ofJudge

PRESEN'I':

MR. JUSTICE AQEEL AHMED ABBASI, CJ

MR. JUSTICE ABDUL MOBEEN LAKHO, J

C.P.No.D-5501 of 2021

Asif Waheed & another ...v/s ..The Govemment of lslamia Law College & others

C.P.No.D-791 of 2023

Aurangzeb .v/s. Federation of Pakistan & others

I U.01.202,1.

Mr.Fahad Mushaffo, Advocate for Petitioners in C.P.No.D-5501/201 I along with Petitioner No.1.

Petitioner in C.P.No.D-791/2023 is present in person M/s.Ameeruddin, Asad Ali Khan Sherwani, Aijaz AIi Tunio, Advocates for Respondent (University of Karachi) Mr.Akhter Hussain Mr.Abdul Rashid Rajar and Ms.Adeela Ansari, Advocates tbr Pakistan Bar Council.

Mr.Amir Nawaz Warraich, Advocate.

Mr.Fareed Dayo, Advocate/Principal Sindh Muslim Government Law College, Karachi.

Mr.Naseem Akhter, Vice Principal, Govemment Islamia Law College. Mr.Sait'ullah, A.A.G.

Mr.Khaleeq Ahmed, D.A.G.

ORDER

l. Above constitutional petitions have been filed by the students ol Sindh Muslin Government Law College, Karachi and Govemmeflt lslamia Law College, Karachi, who took admission for LL.M on regular basis lbr the Session/Batch 2018-2019, whereas, University of Karachi conducted their exams for LL.M (PartJ) provisionally subject to approval by Pakistan Bar Council on the directions given by a Division Bench of this Court in C.P.No.l)- 4883/2020 vide consent order dated 13.10.2020 in the tbllowing tcrnrs:-

since 20 students have alrcady been admitted in School of law where the First semester is under completion".

Therefore, no further students above the capacity of20 students cannot be accommodated.

Thanking you

sd/- Controller of Examination University ofKarachi Controller of Examinations University of Karachi. '

5.Leamed counsel for Respondent (University of Karachi) submits that itl view of the order passed by this Court requiring the respondents to find a via media to enable the petitioneE in the aforesaid petitions, who are students of' Sindh Muslim Govemment Law College, Karachi and Govemment Islamia Law College, Karachi to complete their LL.M Part II Examination and also announce result of LL.M Part I Examination, which permission was awarded by the orders of this Coun in C.P.No.D-488312020 a detailed letter was rvritten on 26.02.2024 in response to which University of Karachi has cxprcsscd willingness to resolve the issue of petitioners, therefore, in order to save thc academic sessior/career of the petitioners a via media has been found in thc aforesaid terms and instant petitions can be disposed ofaccordingly. lt has bqen further submitted that in the first instance the result of the LL.M Part I Examination ofthe Batch 2018-2019 held in the year 2020 will be announced. thereafter, the examination of LL.M Part ll (Batch 2018-2019) shall be held by the University of Karachi within short period of time as per schedule. which will be sho(ly announced by the University of Karachi afler completion of all codal tbrmalities. however, not later than 03 months from the date of lhe order as may be passed in thes€ petitions, and thereal'ter, the petitioners rvill bc allowed to opt for 02 papers of LL.M. Final for preparation of their Thesis irs per schedule which will be subsequently announced.

6.All the leamed counsel as well as petitioners pres€nt in Court are agreeable to such proposition and disposal of instant petitions in the above terms. Accordingly, by consent, instant petitions are disposed of alongwith pending applications in the above terms.

Chief Justicc Judge

Petitioners present in person.

M/S.Moin Azhar Siddiqui. Naseem Akhtar and Ali Ahmed l Lrrahi. Advocates for Respondent No.l M/S.Shoaib Mohiuddin Ashraf and Ameenuddin. Advocates tirr' Respondent No.2 / University of Karachi a/w Professor Dr. Abriul Waheed, Registrar University of Karachi, Asif Mukhtar Director (Legal) and Zafar Hussain, Controller ofExamination, University ofKarachi.

By consent, Mr.Muhammad Aqil, one of the present members ol' Pakistan Bar Council present in Court, is appointed as amicus curiae in this case to assist the Court.

We have heard the petitioners and learned counsel fbr the parties as well as leamed amicus at a considerable length. Learned counscl lbr rcspqldent No.l / Govemment lslarnia Larv College Karachi has maclc ir categorical statement betbre us that the attiliation of the said collcgc witlr respordent No.2 University of Karachi is still intact and as sLrch respondent No.l is competent to admit students for LL.M exanrinatioD and to allow them to take part in the said examination. Learned counscl fbr the respondents state that the respondents are conscious ol' (hc dit'ticulty that is being faced by the petitioners due to non-issuance ol' admit cars for the forthcoming examinations of LL.M Part-I. As thc examination are schedule on 15.10.2020, it has been suggested by lhe parties, their respective counsel and leamed amicus that the petition bc disposed of in terms of the joint statement filed and signed by thetn which reads as under:-

"lt is respectfully submitted on behalf of the respondents that thc petitioners students should be allowed to sit in L[-.M I'arl onc exarnination on provisional basis subject to dccision ol'l)irkistrrr Bar Council, University authorities have already reccir,cd enrolment fonns. and admit / examination fbrrns rvill be subrrrittcd by respondent No.l on 14.10.2020 positively. The Respondenl No.2 shall comply with the Court order in letter and spirit."

Needless to say the above treatment / facility shall be granted to all the enrolled students ofrespondent No.l appearing in the lbrthconring examinations of LL.M Partl. In addition to the above, it has been agrectl that ifthe issue ofaffiliation ofrespondent No.l with respondent No.2 is not finalized by respondent No.3 till the announcement of the result ol re fonhcoming examinations of LL.M, the result of the petitioners shall be rvithheld by respondent No.2. By consent. the petition and listcd application stand disposed of in the above tenns \aith no ordcr as to cost."

2.In both the petitions, petitioners have mainly pressed tbr following relief':- "(a) To direct the Pakistan Bar Council to give permission to Universitl of Karachi to declare result of LL.M PartJ (Previous) and conduct examinations of LL.M Part II (Final) for 2018 LL.M Batch through S.M. Law College.

OR

To shift the academic year / session for LL.M Parl II (Final) fionr S.M. Law College to University of Karachi and complete the LL.M Studies of20l8 Batch of S.M. College.

(b)To direct the Respondent Nos.2 3 & 2 to allorv to continuc thc LL.M Batch 20 | 8 from Law College and complete the studics, scssirrtr.

3, Keeping in view the peculiar facts and circumstances of above petitions on 13.02.2024 following order was passed:-

Petitioner present in person.

Mr. Akhter Hussain, advocate for the respondents No.2 & 3 along Ms.Adeela Ansari, advocate Mr. Ameeruddin, advocate for respondent No.5 along with Mr. Aijaz Ali Tunio, advocate Mr. M. Fareed Dayo. Advocate/Principal, Sindh Muslim Co\4 Law College is present Mr.Sailullah, AAG. Mr. Khaleeq Ahmed, DAC

Learned counsel for the parties have requested tbr titlle 10 examine the possibility of making arrangement fbr thc petitioncrs and other students of LLM Part-t at Sindh Muslim Govt. Law Collcgc to adjust them in Karachi University for LLM Partll classes, so that thcir academic year may not be wasted. For such purpose, the mattcl is adjourned to 29.02.2024 to be taken up at 12.00 noon."

4.Today, pursuant to Court's order leamed counsel for Respondent (Karachi University) has refened to the compliance report submi[ted on 14.03.2024 in C.P.No.D-79112023 particularly the letter dated 06-03-2024 issued by Controller of Examinations, University of Karachi which reads as followsi "Director Legal, University ofKarachi.

Subject: C.P.No.79l OF 2023 AURANGZEB V/S FEDERATION ol' PAKIS'fAN

ln compliance with the order of Hon'ble High Court, all students of law Colleges were allowed to provisionally appear for the LL.M Parl I Examination 20t9 held in 2020. But the results of the students of Law Colleges have been withheld as per the direction of the Hon'ble High Court.

The Hon'ble High Court will issue further orders. and then Karachi University will release the results and be allowed to sit lbr l'urther Examinations.

It is further, as per the information ofthe Director. School ol'l.att that "only 20 students are allowed at LL.M as per HEC/PBC resolution