KARACHI, Feb 25: A division bench of the Sindh High Court dismissed as not maintainable five writ petitions moved by as many students of the Sindh Medical College, Karachi, against withholding of their first professional examination result and consequential inability to continue their education.

Justices S. Ahmed Sarwana and M. Mujibullah Siddiqui held that the matter agitated by the petitioners involved an inquiry and adjudication of disputed questions of fact, which the court could not undertake, in exercise of its writ jurisdiction under Article 199 of the Constitution.

Another division bench had on Monday allowed, by an interim order, about 31 expelled students to appear in the fourth year and final MBBS exams pending disposal of their petitions at their own risk as to cost and consequences.

The 31 students belonged to an older batch while the five dismissed petitions were moved by candidates admitted to the SMC in 2000-2001. The petition by 31 students was sent by the division bench to the chief justice as identical petitions were pending before other benches.

The five petitioners said no objection to their status as regular SMC students was raised till Aug 19, 2002, when the result of their first professional exam was withheld for “some unknown reason”. Inquiries revealed that their initial admission had been cancelled for being violative of the rules. They were not issued any show-cause notice nor afforded an opportunity to explain their position. The cancellation of admission was repugnant to Articles 4, 18 and 25 of the Constitution and to the norms of natural justice, they maintained.

Contesting the petitions, Additional Advocate-General Abbas Ali said the petitioners had approached the court with unclean hands. They had managed to manipulate fake enrolment through wrongful means and could not be allowed to benefit from their wrongdoing. They did not appear in the IBA pre-entrance test. They were neither given admission, nor did they pay any fee. They were not bona fide students of the SMC and the question of cancellation of their admission did not arise.

Appearing for the University of Karachi, Advocate Shoaib Ashraf submitted that the petitioners obtained their admission/enrolment/admit cards by fraud.

Under Section 14 (3) of the University of Karachi Act, 1972, the vice-chancellor is empowered in such situations to take immediate action deemed proper by him.

The VC constituted an inquiry committee in accordance with the law and rules to meet the ‘unusual situation’ created by illegal admissions.

The AAG also produced a list of candidates who appeared in the IBA test in Karachi, Hyderabad and Larkana and submitted that none of the petitioners found a mention in it. One of the petitioners’ counsel conceded that the their name was not mentioned in the list.

The AAG also challenged the genuineness and authenticity of signatures on documents produced by the petitioners.

The bench observed that adjudication of the petitions required recording of evidence and they were not maintainable in view of the bar contained in Article 199.

appeal accepted: A division bench of the Sindh High Court accepted on Tuesday a bank employee’s appeal and set aside the jail term and fine awarded to him by a special court for offences in banks.

Abdul Haq, head cashier of the National Bank, Liberty Market branch, Hyderabad, was tried for encashing, in collusion with the main accused, branch manager T.A. Mangi, a cheque deposited by Dr Rafiq Ahmed Shaikh, an account holder, toward repayment of a loan owed by him. The cheque was not credited to the creditor’s account and was encashed.

The banking court convicted the two and sentenced them to seven years jail and a fine of Rs 225,800 each. They challenged the conviction separately and a bench, comprising Justices Shabbir Ahmed Azizullah M. Memon, accepted the cashier’s appeal for want of evidence to connect him with the commission of the offence. Advocates Ilyas Khan Mohammad Jamil appeared for the appellant. Abdul Haq is in jail facing trial in two other fraud cases in the banking court.