YASIR NAWAZ vs HIGHER EDUCATION COMMISSION arts — 2021 PLD 745 SUPREME-COURT

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YASIR NAWAZ VS HIGHER EDUCATION COMMISSION arts. 184(3) & 199---Higher Education Commission Ordinance (LIII of 2002), S. 10---Educational institutions---Judicial review---Scope---Policy decisions taken by statutory bodies and authorities tasked with running the affairs of educational institutions and students, such as Higher Education Commission (HEC)---Courts should generally refrain from interfering in such policy decisions---Matters of academic nature necessitated the need for technical and professional expertise which may only be attained as a result of specialization and the experience of working with and in educational institutions---Courts were neither equipped with such expertise, nor did they possess the relevant experience that would allow for interference in such matters---However, it did not mean that the Courts would not step in at the request of the parties to ensure and ascertain whether or not minimum requirements of natural justice and principles of law had been complied with and whether a case of grave injustice had been made out---also in cases where a principle of law had to be interpreted,, applied or enforced with reference to or connected with education, the Courts would not hesitate in stepping in. Citation Name: 2021 PLD 745 SUPREME-COURTBookmark this Case YASIR NAWAZ VS HIGHER EDUCATION COMMISSION O. XXXIX, Rr. 1 & 2---Interim order---Scope---Such order was always of a limited duration which legally did not control the final adjudication and, therefore, would not create any right in cases where the main action and/or the relief was found frivolous or was turned down unless for reasons specified, a protection was extended---In all other cases, the interim order was merged into the final order and lost its efficacy and operation instantly. Citation Name: 2021 PLD 745 SUPREME-COURTBookmark this Case YASIR NAWAZ VS HIGHER EDUCATION COMMISSION University located in Azad Jammu and Kashmir (AJ&K)---Unauthorized franchise campuses/unlawful affiliated institutions operating outside AJ&K---Degrees issued by such campuses/ institutions---Legality---Higher Education Commission (HEC) never granted any permission to the University for affiliate colleges/ institutions in Pakistan nor had it assured recognition of the degrees by the institutions/colleges affiliated by the University in AJ&K---Letter sent by the HEC to the University, which was available on record, specifically prohibited any campus in AJ&K and Pakistan; it further prohibited affiliation of colleges/institutions for AJ&K and Pakistan---Record further reflected that the HEC had issued sufficient alerts regarding the status of the institutions/colleges claiming affiliation with the University---In the circumstances, the HEC could not be burdened to recognize the degrees/awards conferred by the unauthorized franchise campuses and unlawful affiliated institutions whose education imparting qualities/capacity was never examined by the HEC---If anyone was to be blamed for playing havoc with the career of the students, it was either the University or its affiliated institutions---Higher Education Commission (HEC) had already taken a sympathetic approach and shown grace by providing a mechanism to recognize the degrees/mark sheets/awards granted by the institutions/colleges after testing the educational achievements of their students in the relevant disciplines---Petitions for leave to appeal were dismissed and leave was refused.

YASIR NAWAZ vs HIGHER EDUCATION COMMISSION arts — 2021 PLD 745 SUPREME-COURT

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