Law: Constitution of Pakistan, 1973

Section: 199

(a) Educational institution--- ----Right to appear in examination---Scope---Petitioners sought direction to the educational institution to let them appear in the ongoing examination of BBA (Hons)---Validity---Petitioners did not meet the eligibility criteria for getting admission in BBA (Hons) being offered by the educational institution---Since the educational institution, also a degree awarding authority, was disputing the very admission of the petitioners, therefore, the petitioners could not claim to have acquired a vested right to appear in the examination and continue with their studies in the BBA (Hons)---High Court observed that since the educational institution was instrumental in providing admission to the petitioners in BBA (Hons) despite their lacking eligibility criteria, as such, it was liable to refund the fee so far collected from the petitioners and/or provide them benefit in the shape of credit hours for the period that they had studied, if the law/rules/regulations/policy so permitted---Constitutional petition was dismissed. (b) Educational institution--- ----Policy, disciplinary and administrative matters of an educational institution---Interference by Courts---Scope---Prospectus, rules and regulations framed by the public educational institution are meant as administrative policy of the respective institute, which are recognized and made applicable to all the candidates without any discrimination---In academic matters the University authorities are the best judges to interpret their Rules and Regulations---Normally courts are reluctant to interpret the same unless a case of grave injustice is made out otherwise it would become difficult for the universities to run their affairs. Fakharyar v. Agriculture University Peshawar PLD 2016 Pesh. 266 ref. Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCMR 961 rel. (c) Educational institution--- ----Policy, disciplinary and administrative matters of an educational institution---Interference by Courts---Scope---Educational institutions are bound by the policy laid down in their prospectus---Students are also required to follow the policy---High Court in exercise of its…

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