Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Educational institution--- Migration from one college to another---Grounds---Adjustment disorder--- Petitioner was aggrieved of refusal of authorities to migrate his son from one Balochistan Residential College (BRC) to another near his residence, as the child was suffering from adjustment disorder - a mental health condition--- Validity--- Son of petitioner was student of 8thclass and for students of such age, it was quite natural to experience such adjustment challenges when they were away from their home and family--- Such situation was not unique to the son of petitioner alone but was often encountered by many students who were placed in distant educational institutions--- Adjustment disorders are typically short-term conditions that arise in response to specific stresses which are often resolved as the individual / student adapts to new environment and circumstances--- High Court declined to interfere in the matter as adjustment disorder alone was not sufficient to justify migration of petitioner s son from one College to any other near residence of petitioner--- Constitutional petition was dismissed in circumstances. Date of hearing: 4th December, 2024. ORDER MUHAMMAD HASHIM KHAN KAKAR, C.J.---The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ( the Constitution ), carries the following prayer clause: It is therefore respectfully prayed that keeping in view the above-made submissions, this Hon ble Court may kindly be pleased to allow the instant petition by canceling the impugned Notification No. SO (Budget) 3-5/GoBBRCs/2024/Edn:7318-29/dated 04-11-2024, and directing the respondent No.1 to allow the petitioner s son to change his school with any other nearest residential school, in the interest of justice and fair-play. 2.    Brief facts as narrated in this petition are that the petitioner s son namely Asfandyar is studying in Balochistan Residential College (BRC) Uthal in Class VIII and the petitioner along with his other kids is residing at Loralai. As per opinion of Dr. Muhammad Ilyas Baloch,…