PESHAWAR: An under-trial inmate at the Peshawar Central Prison has moved the Peshawar High Court against refusal of Peshawar’s Islamia College University to enrol him in MPhil course.

Prisoner Tufail Zia has filed a petition in the high court for orders to declare illegal the refusal of the university to grant admission to him in MPhil (political science) course merely because he was an under-trial prisoner and was behind bars.

He requested the court to declare that the petitioner is entitled to admission as he has passed the relevant test.

The prisoner requested the court to direct that the petitioner be facilitated with his classes, tuition and examination in person or through digital means.

Insists he’s entitled to enrolment for passing test

In the petition filed through advocate Nouman Muhib Kakakhel, the petitioner also sought interim relief through orders for the university to provisionally admit him in MPhil courses and direct prison authorities to facilitate him with his classes in person or through digital means.

The respondents in the petition are: Khyber Pakhtunkhwa government through its home secretary, inspector general of prisons, Peshawar Central Prison’s superintendent, Islamia College University’s vice-chancellor, its registrar and head of its department of political science.

The petitioner said he belonged to an educated family and was a lawyer with a master’s, who wished to continue with his educational pursuit behind bars.

He said he had falsely been implicated in a criminal case and had been facing trial for the last couple of years.

The petitioner said the Islamia College University (ICU) had advertised admissions in MPhil (political science) and as he was qualified for it, he had applied for admission in the same.

He contended that he had qualified the screening test and was among the top 10 candidates in the merit list following which he was called for an interview.

The petitioner said he had appeared before the interview committee that asked him how he would secure attendance physically or online and whether he would be able to pursue education from prison.

He said he was refused admission by the university on Jan 24 and instead the candidate next in line was admitted.

The petitioner contended that being an under-trial prisoner, his right to education among other fundamental rights and constitutional rights including his right to education had remained intact.

He claimed that the university had regularly been arranging digital classes, seminars and special lectures for their students and had also imparted education online during times of Covid-19 pandemic.

The petitioner added that the university was also equipped with modern electronic and internet devices in classrooms.

He added that the prison authorities also regularly arranged video-link facilities for under-trial prisoners during trials in important cases.

The petitioner contended that the said facilities could be used for under-trial prisoners to acquire education online.

He contended that he had made requests to the university authorities but it fell on deaf ear and he was denied admission.

Published in Dawn, February 25th, 2024