ATTENDED AND COMPLETED THE ACADEMIC SESSION OF THE COLLEGE, BUT UNIVERSITY REFUSED TO TAKE EXAMS OF THE PETITIONERS

BEFORE THE CITY HIGH COURT,

CITY BENCH

Writ Petition No. ________-A/0000

 

  1. Name daughter of Name.
  2. Name daughter of Name.
  3. Name daughter of Name.
  4. Name daughter of Name.
  5. Name son of Name.
  6. Name son of Name.
  7. Name son of Name.
  8. Name son of Name.
  9. Name son of Name.
  10. Name son of Name.
  11. Name son of Name.
  12. Name son of Name, presently students of 0st Professional Pharma-D, Session 0000-0000, in Name C/o Name, City.

 

…PETITIONERS

 

 

 

VERSUS

 

  1. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, City.
  2. University, through Vice Chancellor University
  3. ,
  4. University of Science & Technology
  5. Registrar University, City.
  6. Controller of Examination, University City.
  7. Registrar University of Science & Technology City.
  8. Controller of Examination, University of Science & Technology City.

 …REAL RESPONDENTS

 

  1. Pakistan Institute of Professional Studies C/o NIMS Medical Complex, City, through Managing Director.
  2. Director, Pakistan Institute of Professional Studies (PIPS) City.

 

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, FOR ISSUANCE OF A DECLARATION/ DIRECTION TO THE EFFECT THAT PETITIONERS ARE BONAFIDE STUDENTS OF Name (RESPONDENTS NO. 0 & 0) IN 0ST PROFESSIONAL PHAMRA-D FOR THE SESSION 0000-0000, PAID ALL FEES/DUES TO THE COLLEGE RESPONDENTS NO. 0 & 0, ATTENDED AND COMPLETED THE ACADEMIC SESSION OF THE COLLEGE, BUT UNIVERSITY REFUSED TO TAKE EXAMS OF THE PETITIONERS, UPON INQUIRY FROM UNIVERSITY ITS TRANSPIRED THAT, UNIVERSITY DE-AFFILIATED THE RESPONDENT-COLLEGE ONCE AGAIN, DESPITE OF THE FACT THAT, PREVIOUS DE-AFFILIATION LETTER DATED 00/00/0000 WAS WITHDRAWN/ CANCELLED BY THE HAZARA UNIVERISTY BEFORE THIS Month COURT IN W.P NO. 000-A/0000, AND ASSURANCES WERE ALSO GIVEN BY THE CONTROLLER UNIVERSITY (RESPONDENT NO. 0) TO TAKE ALL THE EXAMINATIONS OF Name, THE COLLEGE RESPONDENT CHALLENGED THE DE-AFFILIATION BY WAY OF WRIT PETITION NO. 000-A/0000 BEFORE THIS HONOURABLE COURT, WHICH IS PENDING ADJUDICATION. THE PETITIONERS SEEK INDULGENCE OF THIS HONOURABLE COURT TO DIRECT THE RESPONDENT UNIVERSITY (RESPONDENT NO.0, 0 & 0) TO REGISTER THE PETITIONERS AND ALLOW THEM TO APPEAR IN THE ANNUAL EXAMINATION OF 0ST PROF. PHARMA –D BY ISSUING THEIR ROLL NUMBERS, AS A SPECIAL CASE ALONGWITH OTHER EXAMINATIONS OF THE 0RD, 0TH AND FINAL EXAMINATIONS TO BE HELD IN NOVEMBER 0000 SO AS TO SAFEGUARD THE PRECIOUS YEAR, FUTURE AND CARRIER OF THE PETITIONERS FROM GOING INTO WASTE, IRRESPECTIVE OF THE AFFILIATION AND DE-AFFILIATION OF COLLEGE WITH UNIVERSITY OR Name, THE ACT OF THE RESPONDENT UNIVERSITY (RESPONDENTS NO. 0 & 0) BY NOT CONDUCTING THE EXAMS OF PETITIONERS, BE DECLARED ILLEGAL, UNLAWFUL, ARBITRARY, MALAFIDE, DISCRIMINATORY, WITHOUT LAWFUL AUTHORITY, AGAINST LAW OF NATURAL JUSTICE INEFFECTIVE RIGHTS UPON THE LEGAL AND FUNDAMENTAL OF THE PETITIONER GUARANTEED UNDER THE CONSTITUTION, ANY OTHER ORDER/ DIRECTION/ RELIEF WHICH THIS Month COURT MOnth DEEMED FIT AND PROPER IN THE CIRCUMSTANCES MAY ALSO BE GIVEN.

============================================

 

 

It may please your Lordships; –

 

 

Facts giving rise to the instant constitutional petition are arrayed as under; –

 

 

  1. That, Pakistan Institute of Professional Studies (respondents No. 0,) is a recognized registered Institute with the Pharmacy Council of Pakistan and Higher Education Regulatory Authority (HERA), and initially was affiliated with University, City (respondent No. 0, 0 & 0) where students of were duly registered and examinations of different years were also taken by University.

 

  1. That, petitioners got admission in PIPS for D-Pharma, 1st Session 2016-2017, and started their education by depositing Million of Rupees with the college.

 

  1. That, petitioners are completing their academic session of D-Pharmacy in the college, the examination forms were sent to University by the College Authorities but the University (respondents No. 0, & 0) refused to take exam of the petitioner’s class i.e 0st Professional D-Pharma.

 

  1. That, petitioners whose previous year and future was at stake inquired from college administration as well as from University, it transpired that University de-affiliated the /College once again, despite of the fact that, previous de-affiliation letter issued by University dated 00/00/0000 was withdrawn /cancelled by the University before this Month Court in writ petition No. 000-A/0000, and assurances were also given by the Controller University (Respondent No.0) to take/ conduct all the examinations of PIPS College. (Copy of W.P No. 000-A/0000 is appended as Annexure “A”).

 

  1. That, college/ institution again challenged the de-affiliation by way of writ petition No. 000-A/0000 before this Honourable Court, which is pending adjudication before this Month Bench. (Copy of writ petition No. 000-A/0000 is appended as Annexure “B”).

 

  1. That, petitioners as stated above have no fault whatsoever to be penalized by the acts of universities with regard to the affiliation and de-affiliation of institution or switching of from University to University, have left with no other option but to approach this Month Court seeking indulgence of this Month Court for directing the respondents Universities to register the petitioners and allow them to appear in the Annual Examination of 0st D-Pharma by issuing their Roll Numbers as a special case alongwith other examination of 0rd, 0th and Final Professional Examinations of D-Pharma to be held in Month 0000 so as to safeguard the previous year, future and career of the petitioners from going into waste, irrespective of affiliation and de-affiliation of College with University or University, but all in vain.

 

  1. That, feeling aggrieved of illegal, unlawful, arbitrary, malafide, discriminatory, unlawful and without lawful against the law of natural justice, acts of respondents, the petitioner comes to invoke the extra ordinary jurisdiction of this august court by way of instant petition, inter-alia, amongst many other; –

 

 

GROUNDS; –

 

  1. That, petitioners are bonafide students of Pharma-D and have already consumed their previous time, energies and finances in getting the Medical Education from Institution in First Prof.

 

  1. That, due to inaction and indecision of the respondent universities, the future and career of the petitioners is at stake.

 

  1. That the petitioners were never ever warned nor intimated by the universities/ respondents to stop their studies and to re-arrange in any other institution, as the Senior Classes of were duly registered with University and their examinations were taken by the university and outgoing class were awarded their requisite degrees by the university.

 

  1. That, petitioners should not suffer due to inordinate and extreme delay caused by respondents No. 0, & 0 in deciding the matter of affiliation or de-affiliation. It is pertinent to mention, that, students at the time of admission were realized that institution is registered will all four corners where necessary.

 

  1. That, it is primary obligation of the respondents to facilitate the students/ petitioners in their endeavour to get Medical education and to protect their rights and interests.

 

  1. That, petitioners completed their entire academic session of D-Pharma 0st by all means, completed their requisite attendances and cleared/ paid all the fees and dues of the college/ university and are eligible to be allowed/ appeared in the annual exam of 1st Prof. D-Phamra to be conducted by the university as a special case as same has been delayed by the University due to the pending litigation, alongwith the examination of 0rd, 0th and final professional examinations to be held in November 0000.

 

  1. That, there is no other alternate, adequate and efficacious remedy available to the petitioners of this August Court.

 

  1. That, petitioner also seeks leave of this Honourable Court to agitate further grounds at the time of hearing of the instant petition.

 

  1. That, court fee stamp worth Rs. 500/- is attached herewith.

 

  1. That, notices to respondents with regard to filing of the titled petition are duly mailed to them. Copies of notice and post office receipts are appended as Annexure “C” & “D” respectively.

 

 

It is therefore, most respectfully prayed that by accepting the titled petition, the respondents may graciously be directed to register the petitioners and allow them to appear in the annual exam of 0st Professional Pharma –D by issuing their Roll Numbers as a special case alongwith other examinations of 0rd, 0th and Final Prof. examinations to be held in Month 0000 so as to safeguard the precious year, future and career of the petitioners from going into waste. Any other order/ relief/ direction which this Month Court may deemed fit and proper in the circumstances.

 

INTERIM RELIEF;-

 

It is further prayed that in the meanwhile respondents be directed to issue Roll Numbers as special case alongwith other examinations of 0rd, 0th and Final Prof. examination to be held in Month 0000  till final disposal of the writ petition.

 

 

…PETITIONERS

Through

 

Dated: _________/0000

(Name)

Advocate Supreme Court of Pakistan,

City

VERIFICATION:-

 

Verified on oath that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court

 

…PETITIONERS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

 

Name daughter of Name and others.

 

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, Name and others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name daughter of Name, presently student of 0st Professional Pharma-D, Session 0000-0000, in Pakistan Institute of Professional Studies  C/o NIMS Medical Complex, Link, City, do hereby solemnly affirm and declare that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

DEPONENT

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/000

 

 

Name daughter of Name and others.

 

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, Name and others.

 

…RESPONDENTS

 

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name daughter of Name and others.

 

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, Name and others.

 

…RESPONDENTS

 

 

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name daughter of Name and others.

 

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, Name and others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth:-

 

Addresses of the parties are as under:-

 

  1. Name daughter of Name.
  2. Name daughter of Name.
  3. Name daughter of Name.
  4. Name daughter of Name.
  5. Name son of Name.
  6. Name son of Name.
  7. Name son of Name.
  8. Name son of Name.
  9. Name son of Name.
  10. Name son of Name.
  11. Name son of Name.
  12. Name son of Name, presently students of 0st Professional Pharma-D, Session 0000-0000, in Pakistan Institute of Professional Studies C/o NIMS Medical Complex, City.

…PETITIONERS

 

VERSUS

 

  1. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, City.
  2. University, through Vice Chancellor University, City.
  3. University of Science & Technology City.
  4. Registrar University, City.
  5. Controller of Examination, University City.
  6. Registrar University of Science & Technology City.
  7. Controller of Examination, University of Science & Technology City.

 

…REAL RESPONDENTS

 

  1. Pakistan Institute of Professional Studies C/o NIMS Medical Complex, City, through Managing Director.
  2. Director, Pakistan Institute of Professional Studies Name.

 

…RESPONDENTS

 

 

 

 

…PETITIONERS

Through

Dated: ____________/0000

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name daughter of Name and others.

 

…PETITIONERS

 

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, Name and others.

 

…RESPONDENTS

 

 

 

WRIT PETITION

 

INDEX

 

S.# Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 12  
2. List of Books 13  
3. Addresses of the parties 14 to 14  
4. Copy of W.P No. 000-A/0000   “A”
5. Copy of writ petition No. 000-A/0000   “B”
6. Copies of notice and post office receipts   “C” & “D”
7. Court fee stamp paper worth of Rs. 500/-    
8. Wakalatnama    

 

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

To

 

  1. of Khyber Pakhtunkhwa, through Secretary Higher Education, Khyber Pakhtunkhwa, City.
  2. Hazara University, through Vice Chancellor University, City.
  3. University of Science & Technology City.
  4. Registrar University, City.
  5. Controller of Examination, University City.
  6. Registrar University of Science & Technology City.
  7. Controller of Examination, University of Science & Technology City.
  8. Pakistan Institute of Professional Studies C/o NIMS Medical Complex, City, through Managing Director.
  9. Director, Pakistan Institute of Professional Studies City.

 

 

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

 

On the advice of my client Name daughter of Name and others, a writ petition is being filed before the Honourable City High Court, City Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ____________/0000

 

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

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