[Supreme Court of Pakistan]
Present: Ijaz ul Ahsan, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
LIAQAT UNIVERSITY OF MEDICAL AND HEALTH SCIENCES (LUMHS) JAMSHORO through Registrar and another---Petitioners
Versus
MUHAMMAD AHSAN SHAKEEL and others---Respondents
Civil Petition No. 3933 of 2023, decided on 6th December, 2023.
(Against the judgment dated 28.9.2023 passed by High Court Sindh, Circuit Court, Hyderabad in C.P. No. D-663 of 2023)
(a) Educational institution---
----Medical university---Fake and forged mark sheet presented to the university for admission---Admission, cancellation of---Internal policies of universities/colleges---Non-interference by Courts---In academic matters there should be strict discipline and malpractices should be severely punished---Allegations of fraud or fabricated documents are treated with the utmost seriousness by the Supreme Court, and those found to be engaging in such a practice are dealt with accordingly---Institutions imparting medical or dental education are not merely seen as service providers but also as custodians of the nation's health and the primary training centers for its doctors and healthcare professionals---With such a heavy onus cast on institutions that impart education in medicine, it is logical that such institutions be given a freehand to regulate discipline and regulate those who offend such discipline, as the institutions see fit---Every university has the right to set out its disciplinary and other policies in accordance with law, and unless any such policy offends the fundamental rights of the students or violates any law, interference by the courts would result in disrupting the smooth functioning and governance of the said universities---University sent the mark sheet of respondent/student to the relevant Board of Education twice, and on each occasion, the said mark sheets were termed as fake/ bogus and fabricated---Moreover while furnishing his mark sheet the respondent tendered an affidavit at the time of his admission mentioning that all documents submitted by him along with application form were genuine and correct and no false document had been submitted; that if any document/information was found to be false, incorrect or otherwise his admission was liable to cancelled---It is on the basis of this surety that the respondent was granted provisional admission in the MBBS program and since his mark sheet turned out to be fake and fabricated the University was quite justified in cancelling his admission---Respondent was not entitled for admission in the MBBS program for the academic year 2022-2023, which he managed to secure on the basis of a fake/forged and bogus mark sheet---Civil petition for leave to appeal was converted into an appeal and allowed accordingly.
Muhammad Zubair Chaudhry v. Pakistan Medical and Dental Council 2023 SCMR 2145; Khyber Medical University v. Aimal Khan PLD 2022 SC 92 and Director (Studies), Dr. Ambedkar Institute of Hotel Management, Nutrition and Catering Technology Chandigarh and others v. Vaibhav Singh Chauhan (2009) 1 SC 59 ref.
(b) Administration of justice---
----"Equity"---Scope---Courts have never permitted their judicial powers to be invoked or used for retention of illegal and ill-gotten gains---Nor have the Courts ever opted to exercise their powers in aid of injustice or to grant any relief to persons with unclean hands or for protecting the unethical or underserved benefits.
Justice Khurshid Anwar Bhinder v. Federation of Pakistan PLD 2010 SC 483 ref.
Abdul Salam Memon, Advocate Supreme Court, Hameed Ullah Dahri, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners.
Ms. Pareesa Nawaz Bhutto, Dir. Admn. and Basharat Memon, Dy. Director (via video link, Karachi) for Department.
Muhammad Arshad, S. Pathan, Advocate Supreme Court for Respondent No. 1.
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