The Islamabad High Court has set a significant precedent by annulling the recovery order issued to the Higher Education Commission (HEC) in a case involving a fake guarantee for a PhD scholarship to France. This ruling comes as part of a broader scholarship fraud case that has raised questions about HEC’s processes.
Justice Mohsin Akhtar Kayani issued a 12-page verdict, overturning a lower court’s decision that had ruled in favor of HEC’s recovery claim in this scholarship fraud case. The court highlighted flaws in HEC’s scholarship policy and provided critical guidelines to prevent similar incidents in the future.
According to the judgment, PhD scholar Imran Taj applied for an overseas scholarship in 2005 and agreed to serve in Pakistan for four years after completing his studies. However, Taj failed to return after completing his PhD in France. Documents submitted as a guarantee by his guarantor, Abdul Waheed, were later proven to be forged in what became a scholarship fraud case.
An FIA investigation confirmed discrepancies in the signatures on the guarantee documents. Abdul Waheed denied his involvement and declared the documents fraudulent. Based on these findings, the court ruled that HEC could not legally recover funds from the guarantor but could pursue criminal prosecution against Imran Taj for submitting fake documents in this scholarship fraud case.
Key Recommendations for HEC:
- Guarantee documents should be registered with the district sub-registrar’s office.
- Guarantor and witness photographs should be included in the agreements for transparency.
- A complete record of scholars’ expenditures should be maintained.
- A dedicated dispute resolution unit should be established to handle such cases before escalating to court.
This judgment has set an important precedent, and its implications will likely shape how scholarship fraud cases are handled by HEC and similar institutions in the future.
