Lahore - A division bench of the Lahore High Court on Wednesday delineated the jurisdiction of the Higher Education Commission (HEC) and universities regarding the issuance of degree equivalence certificates for admission and job purposes.
The bench allowed the appeals filed by the University of the Punjab against the order of an LHC single bench. The bench consisting of Justice Aminuddin Khan and Justice Shahid Bilal Hassan delineating a point on the issue held that apart from Higher Education Commission, a university can also issue equivalence certificate for admission purposes only.
However, the Higher Education Commission is empowered to issue equivalence/recognition for the purpose of job requirements, it was further remarked.
“In case any university in Pakistan has internally within its campus has a department of equivalence then it will be lawful and it can also deny admission to those students who do not fulfill its requirement of credit hours, though his degree is recognised by the HEC,” the bench observed.
It held that though under section 10 of HEC Ordinance, the commission has the authority to issue equivalence, it is only for job requirements not for admission for higher education to other university, the bench remarked.
Sheraz Zaka appearing on behalf of students and Bahauddin Zakaria University Multan argued that when the degree is recognised by the HEC, the Punjab University cannot deny the recognition of a particular university degree.
He argued that if every university is given the power to issue equivalence, the purpose of Higher Education Commission to bring homogenised education standards will not be fulfilled hence its power will be eroded.
The court held that HEC has power to issue equivalence certificate only for job purpose. The bench held that after the 18th Amendment, higher education has become a provincial as well as federal subject.
The Punjab University was represented by Awais Khalid who argued that the university’s equivalence department is only for its admission purposes and does not challenge the authority of Higher Education Commission.
The bench disposed of the appeals of the university by stating that it can issue equivalence certificate just for its internal admission purpose but not for job requirement. As far as job requirement is concerned, it is the HEC that can issue equivalence/recognition to a degree, it was remarked.
The bench also held that a university can also refuse to deny admission to a student in higher education though his degree is recognised by the HEC.
In April 2017, the Lahore High Court single bench had declared illegal the functioning of PU’s equivalence department. Justice Atir Mahmood ruled had ruled that the PU does not enjoy any jurisdiction to recognise degrees but the HEC has the sole power to recognise the degrees.
The decision said the PU could not exercise its jurisdiction to issue degree equivalence certificates. The judge had observed that there could be no objection by any university after recognition of a degree by the HEC.
The petitioner stated that prerogative to recognise degree was vested with the commission. He said the PU had been exploiting students by setting up its equivalence department that charged Rs1,000 to recognise a degree. He said that the HEC had the authority to recognise degrees under higher education commission ordinance 2002.
