Law:

Section:

(a) Constitution of Pakistan-------Arts. 199 & 8---Constitutional petition---Advertisement seeking application for foreign scholarship---Non-issuance of "no objection certificate" for grant of Ex-Pakistan study leave and refusal to release fund---Public policy---Bona fide of petitioner---Scope----Contention of respondent-University was that due to lapse of time and enhanced cost, the number of scholarships had been reduced---Validity---Policy decisions should not be interfered with by court while exercising constitutional jurisdiction under Art.199 of the Constitution---Facts of present case did not warrant exercise of constitutional jurisdiction striking down the impugned policy of the respondent-University when same was based on public policy aimed for transparency, reasonableness and natural justice---Petitioner had approached High Court with clean hands and he had crossed the main hurdle for his grievance to be entertained by the constitutional court---High Court had to consider the legality of retrospective application of impugned policy leading to the impugned decision affecting the rights of bona fide of petitioner in the award of scholarship---Any action of the executive or authority or even an enactment of the Parliament could be struck down due to violation of Fundamental Rights---Petitioner was seeking protection of his rights---Petitioner on applying for scholarship offered by the respondent-University through advertisement had acquired a right to be considered in accordance with the terms of advertised representation/offer made by the said University to the public at large---Said right had matured after the petitioner had taken certain steps in pursuance of advertisement which were recognized and accepted by the respondent-University---Right so acquired by the petitioner could not be taken away from him by the respondent-University unless there was any fraud, misrepresentation or illegality committed by him in applying or obtaining the said scholarship---Any change in respondent-University's policy with regard to the choice of subject after application had been received in pursuance thereof would not be correct and appropriate once offer was…

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