| Citation(s) |
|---|
| 2021 SLG 2488 2021 SLD 2488 2021 MLD 1215 |
Sindh High Court
Constitution Petition No.D-2939 of 2019, decided on 7th December, 2020, Date of hearing: 2nd September, 2020.
MUHAMMAD ALI MAZHAR, JUSTICE, YOUSUF ALI SAYEED, JUSTICE
Amar Naseer for Petitioner. Shehryar Mehar, AAG for
Respondent No.1. Wasiq Mirza along with Professor Saba Suhail, Principal, School of Post Graduate and Medical Sciences, DUHS for
Respondent No.3.
Constitution Petition No.D-2939 of 2019, decided on 7th December, 2020, Date of hearing: 2nd September, 2020.
MUHAMMAD ALI MAZHAR, JUSTICE, YOUSUF ALI SAYEED, JUSTICE
Amar Naseer for Petitioner. Shehryar Mehar, AAG for
Respondent No.1. Wasiq Mirza along with Professor Saba Suhail, Principal, School of Post Graduate and Medical Sciences, DUHS for
Respondent No.3.
QURATULAIN IBRAHIM ARAIN
VS
GOVERNMENT OF SINDH THROUGH SECRETARY HEALTH AND 4 OTHErs
Law: Constitution of Pakistan, 1973
Section: 25,199
Constitution of Pakistan--- ----Arts.25 199---Constitutional petition---Educational Institution---Discrimination---Reasonable classification was admitted to Masters in Advanced Physical Therapy Program who failed to complete within specified time and her enrolment was cancelled---Plea raised by petitioner was that duration was extended to other candidates and she had been discriminated---Validity---Case of petitioner and other similarly placed students did not qualify for an extension in enrolment, as volume of work undertaken by them up till them did not commensurate to that of the students whose cases merited extension and formed a separate class---Cases of students in distinct classes were not co-relatable---No case of discrimination was made out as there was no allegation or indication of any relaxation having been extended to any person in the same category as the petitioner---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Zeeshan Javed v. Province of Sindh 2019 MLD 368; Abdul Haleem Siddiqui v. Federation of Pakistan 2019 PLC (C.S.) 238 and Dr. Nauman Muhammad Khan v. CADD 2019 MLD 97 distinguished. JUDGMENT YOUSUF ALI SAYEED, J.---- In October 2012, the Petitioner, along with 20 other students, was admitted to the Masters in Advanced Physical Therapy Program (the Program) offered by the Respondent No.3, Dow University of Health Sciences, through its Institute of Physical Medicine and Rehabilitation, but apparently failed to complete the research component of the Program within the validity of such enrolment, which was for a maximum period of 5 years as per the approved policy, with her enrolment then being cancelled for that reason in terms of a Notification dated 10.10.2018, bearing Ref No. DUHS/ DPGS/ PGEC/ Minutes/Follow-up/02/2018/3044, along with that of other students across various programs. Thereafter, the Petitioner apparently applied for readmission, which was approved vide Letter dated 24.12.2018, bearing Ref No. DUHS/BASR/2018/-384, but with credit transfer to the extent of only 50% of the coursework earlier completed. 2. Being aggrieved, the Petitioner has assailed the aforementioned…
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