Law: Constitution of Pakistan, 1973

Section: 4E

(a) Higher Education Commission Ordinance (LIII of 2002) PreambleConstitution of Pakistan, Art.4Equivalence of Ph.D degreeDegree was awarded to the Assistant professor of University through distance and online learning program from a foreign university under the scholarship granted by the UniversityRequest of the petitioner (Assistant Professor) for equavelance of her Ph.D was refused on the ground that degreeinquestion was not awarded to the petitioner by any of the chartered universities and that the petitioner had taken contradictory stance in her application form submitted before the respondentHECPlea of the petitioner was that no objection was raised throughout the whole process of getting Ph.D degreeValidityRecord revealed that respondentHEC had sought information from respondentUniversity during scrutiny of the application submitted by the petitioner before HEC and the respondentuniversity replied that change of foreign university by the petitioner was not known/intimated to themOverseas Scholarship Committee of the University, in the present case, had decided releasing of scholarship amount subject to submission of reply from the HEC, however, such reply was not available on record on the basis of which (reply) the Committee approved the scholarship amountRecord was also silent about change of study from one university to the other one by the universityrespondentEven the petitioner had not attached her complete documents while submitting application for equivalence of her Ph.D degreeHigh Court set aside the impugned letter refusing the request of (the petitioner) for equivalence of her Ph.D degree and directed the respondents to pass speaking order strictly after examining the record as well as hearing all concerned including the petitionerConstitutional petition was disposed of accordingly. (b) Constitution of Pakistan Art.4Equality of citizenIt is inalienable right of every citizen to be treated in accordance with law as envisaged by Art.4 of the ConstitutionIt is the duty and obligation of every public functionary to act within the four corners of the mandate of the Constitution JUDGMENT JAWAD HASSAN, J. The Petitioner has invoked the constitutional…

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