PESHAWAR: The Peshawar High Court has ruled that an educational institution not recognised by the Higher Education Commission can’t issue degrees, so the degrees issued by any such college or university are illegal.
Dismissing the petition of the University of Swabi’s acting registrar, Naveed Anjum, seeking verification of his BBA degree by the HEC, a bench consisting of Justice Musarrat Hilali and Justice Mohammad Ibrahim Khan observed that a degree not recognised by the higher education regulator couldn’t be declared valid.
“Moreover, this court cannot interfere in the policy matter of Higher Education Commission, which has the sole power to regulate the status of an educational institution hence, the claim of the petitioner cannot be acceded to by this court under its constitutional jurisdiction,” it declared.
The petitioner had contended that he had got BBA degree from the Orient University, Peshawar, and on its strength obtained MBA degree from the Institute of Management Sciences, Peshawar, and that of MS from the Shaheed Zulfiqar Ali Bhutto Institute of Science and Technology’s Islamabad campus.
Court also declares it can’t interfere in HEC’s policy matters
He said he had been admitted to the Doctor of Management Sciences programme in the National University of Modern Languages, Islamabad.
The petitioner said due to his experience and high qualification, he was appointed the acting registrar to the University of Swabi, but on a ‘fake’ complaint, he was directed to verify his degrees.
He added that his BBA was not verified by the HEC - an illegal act on its part.
Barrister Syed Saad Ali Shah and Mansoor Tariq Advocate appeared for the respondents, including the HEC and University of Swabi.
The bench observed that the main question before it was whether a degree obtained from a university not recognised by the Higher Education Commission could be termed valid and extended legal credence?
Answering this question the Court held that under Section 10 of the Higher Education Commission Ordinance, 2002, the Commission had the power to recognise or affiliate any University according to law and rules.
However, the bench ruled that the Orient University, from which the petitioner had obtained BBA Degree, had not been recognised, therefore the degree was neither permissible nor allowable and even could not be termed justifiable.
The bench further held that an educational institution not fulfilling the prescribed criteria laid down by the HEC could not issue degrees and issuance of such degrees were neither valid nor worth credence.
It observed that the HEC had got the sole powers to regulate the status of an educational institution.
The bench also noted that it was on record that the Orient University was sealed by the FIA for issuing fake degrees.
It also referred to a Supreme Court judgement, which declared, “It may not be out of place to mention here that the question of recognition of a degree is equally important because the degree which is not recognised by the Higher Education Commission would be worthless like a piece of paper, cannot be equated to that of a degree because every degree is subject to recognition, which provides sanctity to it.”
Published in Dawn, June 25th, 2022