Case Details

Citation(s)
2021 SLG 413 2021 SLD 413 2021 MLD 382
Islamabad High Court
Writ Petitions Nos. 4190 and 4427 of 2019, decided on 15th October, 2020, Date of hearing: 8th October, 2020.
MOHSIN AKHTAR KAYANI, JUSTICE
Rana Abid Nazir Khan for Petitioner. Tariq Bilal, Babar Bilal and Saqib Anwar Siddqui, Assistant Registrar NDU for
Respondents.

NADIA ASGHAR (ADVOCATE) AND ANOTHERS

VS

NATIONAL DEFENCE UNIVERSITY (NDU) THROUGH REGISTRAR AND 2 OTHERS

Law:

Section:

Educational Institution--- ----Admission, restoration of--- Act of indiscipline--- Proof--- Petitioner was Phd. Scholar and she was allegedly involved in facilitating a teacher of visiting facility to malign a female student--- Admission of petitioner was cancelled by University on the allegation of indiscipline--- Validity--- Petitioner was not directly involved in the matter rather she received data from the teacher--- Whether the data was used to malign the victim in University or otherwise was a fact which was concluded by University authorities in their departmental proceedings--- High Court exercised its authority of judicial review while applying proportionality, suitability and necessity test, whereby fair stance was required before cancellation of admission of any student--- High Court observed that educational institution was to exercise parental jurisdiction with students and as such University authorities concluded the matter after adopting due procedure provided in their regulation against petitioner and the teacher and even imposed penalty in accordance with their regulations to the extent of the teacher, who had been harassing a young girl student as he was visiting faculty member--- Such act on the part of teacher was the most unethical but penalty imposed on petitioner was harsh--- High Court declined to interfere into the affairs of University and policy matters of educational institutions and directed the University authorities to review penalty of petitioner on parental concept while differentiating the role of petitioner vis-a-vis the teacher, as the same would promote the concept of fairness, equity and justice on the part of University authorities, while dealing with disciplinary matter of students of University--- Constitutional petition was dismissed accordingly.Government College University, Lahore v. Syeda Fiza Abbas 2015 SCMR 445; Secretary Economic Affairs Division, Islamabad v. Anwarul Haq Ahmed 2013 SCMR 1687; University of Health Science, Lahore v. Arsalan Ali 2016 SCMR 134; Syed Muhammad Arif v. University of Balochistan PLD 2006 SC 564; Muhammad Ishafaq Ahmad Sial v. Bahauddin Zakariya University, Multan 2011 SCMR 1021 and Asaf…
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