Case Details

Citation(s)
2012 SLG 2444 2012 SLD 2444 2012 YLR 1801
Sindh High Court
C.Ps. Nos. D-455, 1970, 1987 to 1991, 1954, 1955, 1951, 2006to 2010, 1900, 1860 to 1863 and 1995 of 2011, decided on 6thApril, 2012. dates of Hearing: 6th, 8th, 13th, 14th and 15thMarch, 2012
MUNIB AKHTAR AND SYED HASAN AZHAR RIZVI, JJ
Sardar Akbar Ujjan for Petitioners (in C.P. No. 455 of 2011). Amjad Sahito for Petitioners (in C.P. No. 1970 of 2011). Hakim Ali Siddiqui for Petitioners (in C.Ps. Nos. 1987, 1988, 1989, 1990 and 1991 of 2011). Muhammad Arshad S. Pathan for Petitioners (i

Miss RABIA KHAN and 3 othersVsPROVINCE OF SINDH and 3 others

Law:

Section:

(a) Peoples University of Medical and Health Sciences for Women Shaheed Benazir Act, 2009 (XX of 2010)--- ----S. 2---'Constituent' and 'affiliated college'--- Distinction--- "Constituent college" is both owned and run by University itself, whereas "affiliated college" is neither owned nor run by it---Later type of college may be owned, e.g. by a trust, an individual, a company or government or it may even be a corporate body in its own right---"Affiliated college" may also be formally owned by one body or person while being maintained by another---Degree to be awarded to students at "affiliated college", like those at a "constituent college", is by and that of the University. (b) Interpretation of statutes--- ----Amendment of statute---Scope---Any amendment in statutory text can be brought about by amending the Act or Ordinance. (c) Administration of justice--- ----Executive authority, exercise of---Principles---Executive authority must be exercised in manner consistent with any legislative enactment, and in particular if a matter is covered, governed or regulated by statute, then to that extent it is the legislative will that must prevail and executive authority could not be relied upon. Abdul Haq and others v. Province of Sindh and others PLD 2000 Kar. 224 rel. (d) Constitution of Pakistan--- ----Art. 25---Gender discrimination---Scope---Provision of Art. 25(2) of the Constitution prohibits gender based discrimination but clause (3) allows positive discrimination for the "protection" of women. (e) Constitution of Pakistan--- ----Part-II, Chap. 1, (Arts. 8 to 28)---Fundamental rights---Scope---Such rights serve as a check on State power, i.e. they prohibit relevant organ of the State from doing what it otherwise can do (whether in the exercise of legislative or executive power)--Fundamental rights do not confer powers on the State; they derogate from its powers and draw a line which cannot be crossed. (f) Peoples University of Medical and Health Sciences for Women Shaheed Benazir Act, 2009 (XX of 2010)--- ----Ss. 6, 21, 26, 27 (2)(c) & 32---Liaquat University of Medical and Health Sciences Ordinance (VIII of 2000), S. 3---Shaheed Mohtarma Benazir Bhutto…
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