Law: Constitution of Pakistan, 1973

Section: 199,185(3)

(a) Constitution of Pakistan--- ----Arts. 199 185(3)---Educational institution---Internal governance and disciplinary policies---Courts should sparingly interfere in university matters and academic freedom and institutional autonomy---Democracy, human rights and the rule of law cannot become and remain a reality unless higher education institutions, and staff and students, enjoy academic freedom and institutional autonomy---Academic, administrative and disciplinary autonomy of a university must be therefore, respected. Courts must sparingly interfere in the internal governance and affairs of educational institutions. It is simply prudent that the courts keep their hands off educational matters and avoid dislodging decisions of the university authorities, who possess technical expertise and experience of actual day to day workings of the educational institutions. Every university has the right to set out its disciplinary and other policies in accordance with law, and unless any such policy offends the fundamental rights of the students or violates any law, interference by the courts results in disrupting the smooth functioning and governance of the university. It is, therefore, best to leave the disciplinary, administrative and policy matters of the universities or educational institutions to the professional expertise of the people running them, unless of course there is a violation of any of the fundamental rights or any law. Khyber Medical College v. Raza Hassan 1999 SCMR 965; Muhammad Ilyas v. Bahauddin Zakariya University 2005 SCMR 961; Muhammad Arif v. University of Balochistan PLD 2006 SC 564; Secretary Economic Affairs Division, v. Anwarul Haq Ahmed 2013 SCMR 1687; J.P. Kulshreshtha v. Allahabad University AIR 1980 SC 2141; Maharashtra State BSHSE. v. Paritosh Bhupeshkumar AIR 1984 SC 1543 and Hindi Hitrakshak Samiti v. Union of India AIR 1990 SC 851 ref. This self-restraint by the courts in matter of educational institutions is based on the wisdom that academic freedom and institutional autonomy of the universities must be protected and safeguarded. Academic freedom is not merely liberty from restraints on thought, expression, and association in the…

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