LHC sets aside cancellation of student’s admission

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LAHORE: The Lahore High Court has set aside a decision of the Bahauddin Zakariya University (BZU), Multan, whereby admission of a student was cancelled.

Allowing a writ petition of Umar Tahir Taimur who got admission on minority quota, Justice Muhammad Shan Gul also directed the BZU vice chancellor to inquire into the matter.

In his written order, the judge rules that the impugned decision depicts scant regard for students as also a conscious disregard for minority rights.

“It amounts to persecuting the already persecuted,” observes Justice Gul.

Petitioner’s counsel Tahir Mahmood had argued that his client got admission to faculty of pharmacy on the basis of minority quota and deposited necessary dues on Sept 22 last.

Court also asks BZU VC to probe the incident

The counsel said some events that were not visible from the record and of which the petitioner had no information allegedly took place by virtue of which his admission was suspended without providing him an opportunity of hearing.

Asked about legality of the impugned order, BZU legal adviser Ali Siddiqui told the court that apparently there was no reason for the order under challenge to have been passed.

He said the lame explanatory words at the end of the order about the matter being challenged in court were entirely unwarranted and untrue.

Besides the fair stance by the legal adviser, the judge observes, it is also true that the order under challenge cannot be allowed to stand for at least two obvious reasons.

First, it treated the petitioner as an object and did not treat him with the requisite dignity required in terms of Article 14 of the Constitution.

Second, the impugned order was manifestly violative of Articles 4 and 10-A of the Constitution.

Justice Gul further remarks that Article 26 of the Constitution provides for safeguarding the legitimate rights and interests of minorities.

The judge says the vice chancellor should inquire into the matter and find out as to why the petitioner has been picked on and why has the petitioner been singled out for such callous and insensitive treatment.

Setting aside the impugned decision, the judge has directed the BZU VC to take paternalistic view in the matter and ensure the petitioner is not dealt a marked hand.

The judge concludes his verdict with a hadith of Prophet Muhammad (PBUH), “To protect the rights of (non Muslims) is amongst the primary duties of mine.”

Published in Dawn, October 30th, 2021

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