ISLAMABAD: Islamabad High Court (IHC) has dismissed the identical petitions filed by Al-Khair University and the students who graduated from the varsity, seeking recognition of their degrees by the Higher Education Commission (HEC).

The court observed that Al-Khair University opened unauthorised campuses in different cities and enrolled students in various programmes contrary to HEC’s directives.

As per the court’s record, the issue had been a matter of communication between the university and the Higher Education Commission for some time. However, in the 18th meeting of the managing board, the referred regulator took certain decisions with respect to recognition of the university, and on May 16, 2009, HEC wrote to the Azad Jammu & Kashmir (AJK) government for implementation of its decision of March 2009.

The main cause of concern was that Al-Khair University started affiliating colleges and other educational institutions within the territory of Pakistan; HEC categorically communicated to the AJK government that the students admitted after April 30, 2009 in campuses or affiliated educational institutions within the territory of Pakistan would not be recognised.

The AJK government was therefore advised to fulfill the criteria and other prescribed requirements in its declared principal campus in Bhimber, AJK. On October 17, 2011 HEC granted permission to Al-Khair University for Bhimber campus.

Petitioners were seeking recognition of degrees

As per the record, despite the restriction regarding opening of campuses in Pakistan or granting affiliations, Al-Khair University continued affiliating colleges and educational institutions and also launched MS/MPhil and equivalent programme in Bhimber.

Meanwhile, the controversy continued regarding recognition and was the subject matter of a petition under Article 199 of the Constitution filed by Al-Khair University.

The referred writ petition was disposed of on September 30, 2009 on the basis of certain undertakings made by the learned counsel for the petitioner.

Before the IHC division bench comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani, the petitioner students contended that if there was any violation on the part of the university’s management, the students should not be made to suffer.

IHC observed that HEC allowed Al-Khair University to launch degree programmes in the departments of management sciences, computer sciences, Pakistan Studies, Islamic Studies, Education and Urdu only in its Bhimber campus. It was specifically provided that no other campus in Azad Jammu and Kashmir or Pakistan would be allowed to be opened and no affiliation as such should be granted.

The court held that the educational institutions in Pakistan affiliating themselves with Al-Khair University were responsible for their own deeds. “In so far as affiliated colleges are concerned, they are equally responsible for their negligence, which is grave in nature as they have played with the future of so many students.”

However, regarding the students, the court was of the view that “HEC is required to look into this aspect that there was no fault of the students, who were admitted in that period and duly qualified as they acquired vested rights.”

August Apex Court has acknowledged the rights of such students who have been admitted to their courses either directly or indirectly, the court asserted.

Published in Dawn, May 3rd, 2020