HYDERABAD, May 10: A division bench of the Sindh High Court, Hyderabad Circuit Bench, has dismissed a constitutional petition of a student of Mehran University of Engineering and Technology (MUET), seeking cancellation of a university order whereby all his examinations, including that of Final Year of B.E in Mechanical Department, were annulled on the ground that he had obtained admission through forged documents.
Justice Shabbir Ahmed, who authored the 18-page verdict, said that the court would “not extend protection of law to a petitioner, to retain the privilege or benefit which was acquired by manipulation”.
Upholding the order of MUET, he said that the court would not endorse such an act under constitutional jurisdiction which is a discretionary jurisdiction.
A student, Ali Muhammad of Mechanical department in 1991-92 batch, said that he was issued a show-cause notice by the university that his NCC certificate was forged.
He challenged the order through a petition which was disposed with the observation that disciplinary proceedings, if any, taken against petitioner could continue, but any action proposed to be taken against him shall be in accordance with the law after affording an opportunity of hearing him.
On March 14, 1995, the respondent informed him about cancellation of his admission on account of submission of forged NCC certificate.
The order was challenged and the petitioner sought interim injunction, allowing him to continue his studies.
Jhamatmal Jethanand, advocate, who represented the MUET, maintained that the petitioner’s NCC certificate was found to be forged as per letter of verification, issued by the Director General National Guard, General Head Quarters, Rawalpindi.
The student appeared in examination at his risk, subject to verification of record, because he was admitted provisionally on the basis of documents submitted by him, he said.
The MUET pointed out that University’s Syndicate was final authority which considered all aspects of the case after holding an inquiry. He said that the student failed to satisfy the authorities over the authenticy of the NCC certificate.
Aijaz Ali Hakro, advocate, representing the petitioner claimed that no proper inquiry was conducted and the University’s Syndicate failed to prove the NCC certificate as a fake document.
He also said that his client was not given an opportunity to defend himself in support of his contention. He said that the petitioner’s admission was legal on merit, as such it could not be cancelled nor examinations be annulled.
Jethanand, however, contended that the student instead of proving the certificate to be genuine had threatened the University Syndicate.
The court said that petitioner’s case was considered on the basis of rule, laid down by Supreme Court in case of Ahmed and others v/s Vice Chancellor University of Engineering and Technology (PLD 1981 SC 464).
It observed that so far the contention of petitioner’s counsel that the university failed to prove the certificate was forged was concerned, the burden was on the petitioner to prove that the certificate was genuine.
“The petitioner inspite of an opportunity failed to discharge the burden”. The bench said that no illegality and infirmity could be spelt out from proceedings taken against the petitioner.