Law:

Section:

(a) Educational institution--- ----Policy, disciplinary and administrative matters of an educational institution---Interference by Courts---Courts must sparingly interfere in the affairs of academic institutions, therefore, it is best to leave the disciplinary, administrative and policy matters of educational institutions to the professional expertise of the people running them, unless of course there is a blatant violation of any of the fundamental rights or the 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 and Secretary Economic Affairs Division, v. Anwarul Haq Ahmed 2013 SCMR 1687 ref. (b) Administration of justice--- ----Compassion and hardship cases---Judges are to decide disputes before them in accordance with the Constitution and the law and not on the basis of their whims, likes and dislikes or personal feelings or mere humanitarian grounds---While justice is tempered with mercy but not at the expense of overriding the clear letter of the law---Compassion and hardship, therefore, may be considered by courts for providing relief to an aggrieved person, but only when there is scope in the relevant law to do so, not in breach of the law. D.G., National Savings v. Balqees Begum PLD 2013 SC 174 ref. ORDER SYED MANSOOR ALI SHAH, J.---Brief facts of the case are that petitioner was a student of Peshawar Girls Model High School No.1, Warsak Road, Peshawar and after passing her 9th class, she started her 10th class. In the new academic year,1 as the petitioner remained absent for a fortnight from 05.11.2018, she was expelled from school vide letter dated 23.11.2018. The Letter stated two grounds for her expulsion: (i) non-payment of fee since June, 2018 and (ii) for being continuously absent from school w.e.f 5th November, 2018. The petitioner did not attend the classes for the remaining academic year. Subsequently, the request of the petitioner to send her name for the final examination of the 10th class was refused by the school. Aggrieved, the petitioner challenged the said refusal before the Peshawar High Court through a…

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