Law: Constitution of Pakistan, 1973

Section: 4,18,25A,199

(a) Constitution of Pakistan--- ----Arts.4, 18, 25-A & 199---Constitutional petition---Right of education, profession, lawful trade or business---Fundamental rights---Conditions, bonds and undertakings, restricting fundamental rights---Scope---Candidate at the time of admission to the Course of Lady Health Visitor (LHV), was asked to submit a bond that after successful completion of Course, she was bound to serve the government health department for two years---Candidate after successful completion of Course and despite the lapse of seven months, was not offered any job due to non-availability of vacancy---Candidate in order to get admission for further studies, requested the department to issue "no objection certificate" for taking admission in General Nursing Course---Candidate was refused to issue no objection certificate for further studies on the ground that she was required to serve the health department---Validity---Right of profession, lawful trade or business is a fundamental right of every citizen, similarly, right of education being part of livelihood is also a fundamental right---Bond obtained from candidate, and the conditions prescribed in the prospectus amounted to restricting the fundamental rights of the candidate regarding freedom of profession and education---Such conditions prescribed in prospectus restricting the fundamental rights of the petitioner had to be construed very strictly and if at all two interpretations were possible, the one in favour of the successful candidate whose fundamental rights were being restricted had to be adopted---Competent authority despite the lapse of six months from the date of successful completion of course had not offered any job to the candidate, therefore she became entitled to serve anywhere as per condition prescribed in prospectus---Candidate applied for "no objection certificate" to take admission for further studies and not for the job anywhere in the government department, therefore the impugned condition was not applicable---Order rejecting grant of "no objection certificate" to the candidate was set aside---Department was directed to issue "no objection certificate" to the candidate for…

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