11/10/2022
Arts. 142. 143 & 199---Legal Practitioners and Bar Councils
Act. (###V of 1973) Ss. 55 & 56 -Pakistan Bar Council
Legal Education Rules. 2015 R. 4--University of Punjab
Admission Regulations 2016-2017. Regln. 24-Cooperative
federalism--Overlap of legislative competence between
Provinces and Federation--Educational Institution-
Public University--Legal education (LLB)-Admission
criteria--Petitioner. which was an affiliated Law College
of the University of Punjab. impugned letters issued by
the University. whereby students holding third division
in their intermediate examinations. were denied
admission to LLB. on the ground that students must hold
at least a second division to be eligible for admission
Contention of petitioner inter alia was that the Rule 5 of
Pakistan Bar Council Legal Educatior
Rules. 2015. framed
under Legal Practitioners and Bar Councils Act. 1973 did
not provide a minimum threshold of second division for
LLB program. therefore. the University Regulations.
framed under a Provincial Law. could not override the
same--Validity--Regulation 24 of the University of Punjab
Admission Regulations 2016-2017 included all Bachelors
and Masters programs and ineligibility of students
holding third division was clearly laid down by the
University since the year 2011 and the petitioner. being an
affiliated law college. was bound to follow such statutory
requirement-Federal law on the subject. catered to all
Provinces and set an overarching standard that
addressed legal education across the country and
Provincial
legislature
also enjoyed
independent
legislative space to legislate on legal education under the
rubric of education but only to the extent of improving
and enhancing the overarching general. countywide
standards in legal education set by the Federal
Legislature-Such two powers had been reconciled on the
principle of cooperative federalism and Provincial
Legislature was free to improve upon standards set by
the Federal legislature by setting more robust and
stringent standards for admission in the Province--High
Court further observed that the Provincial Legislature
could not lower standards set by the Federal Legislature
and held that the minimum eligibility threshold of second
division for admission into LL.B imposed under by the
University was in accordance with the Constitution and
the law-Constitutional petitions were dismissed. in
circumstances.
