The Lahore High Court on Saturday declared the National Testing Service (a private firm) illegal and directed the Higher Education Commission to ensure that no private firms conducted tests as long as a “national testing service was not constituted through proper legislation”.
Justice Mansoor Ali Shah of the LHC issued the order on a petition filed by Syeda Anam Ilyas, a PhD candidate, challenging the “illegal status of the National Testing Service and the tests it conducts for admissions to and scholarships for higher education in and outside the country”.
On Saturday, the court directed the Higher Education Commission not to sponsor or extend patronage to the NTS, as it was not an officially approved national service. It further said that none of the universities or academic institutions recognised by the HEC were legally obliged to accept the tests given by the NTS or were bound by the test results in granting admissions or scholarships to students.
The court also ordered the HEC to propose an amendment to its ordinance-rules to provide a proper regulatory statutory framework to establish, monitor and supervise a national testing service.
The judge said that until such a time that proper legislation was put in place, the HEC would not initiate the process of selecting and appointing a national testing body under the ordinance. Justice Shah observed that admissions and scholarships were not to be made dependent on NTS test results and directed the HEC to display the court’s order on its website.
However, the judge observed that admissions and scholarships already granted or refused on the basis of the tests conducted by NTS in the past would not be reopened after the order and existing arrangements between the NTS and the HEC would continue till May 30.
HEC Regional Director Nazeer Hussain and NTS Secretary Waqar Sami Khan were present during the course of the proceedings. Representatives of various universities and colleges also assisted the court through suggestions on the status of the private testing service. The court then disposed of the petition.
Published in The Express Tribune, March 23rd, 2014.