LAHORE: The Lahore High Court has declared National Testing Service an unapproved body under Higher Education Commission Ordinance 2002 and ruled that the recognised universities/institutions are not under any lawful obligation to conduct tests by the NTS or bound by the results of the tests.
Justice Syed Mansoor Ali Shah ruled this in a 13-page judgment passed on a writ petition filed by a student of M.Phil (Chemistry), Syeda Anam Ilyas.
The petitioner in order to pursue her Ph.D in Chemistry applied for admission and was required to pass Graduate Assessment Test (GAT) conducted by NTS apparently working under the authority of the HEC.
The grievance of the petitioner was restricted to the marks awarded to her in the GAT by NTS and during the course of hearing this grievance was redressed.
However, an important legal question surfaced during the course of the hearing regarding the legal status and authority of NTS under the law.
The HEC stated in the court that no formal approval from the board of the commission had been granted to NTS to act as national testing body in terms of section 10 (1) (n) of the Higher Education Commission Ordinance, 2002.
The judge also observed that the documents placed on the record by HEC and NTS failed to show that NTS was a duly approved and recognised testing service under the Ordinance.
After hearing all the stakeholders, Justice Shah ruled that the NTS did not have any approval under the HEC Ordinance to hold itself to be as a national testing body in terms of section 10(1)(n) of the Ordinance.
The judge further ruled that the directions issued in favour of NTS by HEC were without lawful authority and any such notification or letter issued by HEC shall be immediately withdrawn.
He, however, observed that the NTS may continue as an entity and act as a testing body but it had no support or blessing of the government and it was voluntary on the universities and educational institutions to engage or not to engage its services. The judge directed that the NTS shall not hold itself as an HEC approved 'national testing service'. It may, however, continue operating as a private entity under the law, but shall not in any manner be taken to be an HEC approved entity.
The judge ordered that the existing arrangement between HEC and NTS shall only continue till May 30, 2014 (cut off date) and HEC shall not enter into any arrangement/contract with NTS after that date.
This order will not affect previous admissions and scholarships already granted or refused on the basis of the tests conducted by NTS.