Law: Constitution of Pakistan, 1973

Section: 199

(a) Ph. D. Regulations, 2003--- ----Cls. 4.2 & 4.3---Ph. D. Regulations 2013, Cls. 3.8 & 4.2---Constitution of Pakistan, Arts. 4, 9, 14, 18, 20 & 37(c)---Ph.D. Thesis, non-acceptance ofs were Ph.D. Candidates who assailed dismissal of submission of their theses on grounds that submission was beyond period---Validity---Application was submitted by petitioners so that their theses could be entertained and upon personal hearing they were informed that theses would be submitted under Ph.D. Regulations, 2003 instead of Ph.D. Regulations, 2013---Admission of petitioners was not regularized by the Registrar and they were deprived from filing their Ph.D. Theses and to award them their Ph.D. Degree---Non-allowing petitioners to submit their theses showed that it was violative of basic principles of natural justice---Denial in such regard was in conflict with Fundamental Rights guaranteed under Arts. 4, 9, 14, 18, 20 read with Art. 37(c) of Constitution---High Court directed university to entertain and evaluate Ph.D. Theses of petitioners and award them their Ph.D. Degrees if they rose upon standards of university, setting aside order passed by Vice Chancellor---Constitutional petition was allowed accordingly. Imdad Hussain v. Province of Sindh through Secretary to Government of Sindh, Karachi and 3 others PLD 2007 Kar. 116 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court, exercise of---Substantial justice---Scope---Technicality of law and rule could not operate as an absolute bar in way of court as preference in this regard would defeat substantial justice. Mst.Shahista Bibi and another v. Superintendent Central Jail Mach and 2 others PLD 2015 SC 15 and Nizamuddin and another v. Civil Aviation Authority and 2 others 1999 SCMR 467 rel. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this constitutional petition filed in terms of Art. 199 of the Constitution of Islamic Republic of Pakistan, 1973, following prayer has been made:-- "...It is therefore, most respectfully prayed that this petition may very kindly be accepted and impugned order dated 24.01.2019 passed by respondent No.1 may kindly be declared illegal,…

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