Law: Constitution of Pakistan, 1973

Section: 2A,4,9,14,18,20,37,37(c),199

Law: General Clauses (Amendment) Act, 1997

Section: 24-A

Constitution of Pakistan--- ----Arts. 4, 9, 14, 18, 20 & 37(c)---Constitutional petition---Right of education---Children of petitioner were studying aboard in Medical College and due to circumstances beyond his control petitioner and his family had to return to Pakistan---Initially authorities issued "No Objection Certificate" to children of petitioners for their admissions in Medical College in Pakistan but later on it was withdrawn---Validity---Right of education was denied to both children of petitioner only due to the act of a forum which had earlier granted permission to them after fulfilling all legal requirements considering it special circumstances beyond the control of petitioner or family---Denial in such regard was in conflict to the Fundamental Rights guaranteed under Arts. 4, 9, 14, 18 & 20 read with Art. 37(c) of the Constitution---High Court declared the notification, withdrawing "No Objection Certificate", having been passed without any legal justification and against basic norms of the Constitution and was set aside---Constitutional petition was allowed in circumstances. Messrs M.Y. Electronics Industries (Pvt.) Ltd. through Manager and others v. Government of Pakistan through Secretary Finance, Islamabad and others 1998 SCMR 1404; Pakistan through Ministry of Finance Economic Affairs and another v. Fecto Belarus Tractors Limited PLD 2002 SC 208; Bashir Ahmed Solangi v. Chief Secretary, Government of Sindh, Karachi and 2 others 2007 PLC (C.S.) 824; Mst.Basharat Jehan v. Director Genl, Fedl. Government Education, FGEI (C/Q) Rawalpindi and others 2015 SCMR 1418; Pakistan Medical and Dental Council through President and 3 others v. Muhammad Fahad Malik and 10 others 2018 SCMR 1956; Pakistan and others v. Public-at-Large and others PLD 1987 SC 304; Imdad Hussain v. Province of Sindh through Secretary to Government of Sindh, Karachi and 3 others PLD 2007 Kar. 116 and Fiaqat Hussain and others v. Federation of Pakistan through Secretary, Planning and Development Division, Islamabad and others PLD 2012 SC 224 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- By means of instant constitutional petition filed in terms of Article…

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