Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan

Section: 203

(a) Educational institution University disciplinary proceedings---Cancellation of Ph.D. admission --- Subsequent civil suit by the student, filing of---Maintainability and effect of prior constitutional adjudication---Earlier writ petitions and civil suit arising out of same disciplinary action---Res judicata---Direct and substantial identity of issues---Bar against re-agitation of already adjudicated matter---Briefly, the respondent was a Ph.D. scholar of the petitioner University who had submitted her thesis but her admission was cancelled; her departmental appeal, two writ petitions, and civil petition for leave to appeal before the Supreme Court were all dismissed, while her separate civil suit for declaration and injunction was initially dismissed by the Trial Court but later decreed by the Appellate Court directing restoration of her admission and consideration of her thesis---The issue in the present civil revision was whether the Appellate Court could lawfully grant such relief despite the earlier adjudications by the High Court and the Supreme Court? --- Held: A comparative analysis of pleadings, affidavits, and documents from both the writ petitions and the civil suit revealed that the issues were directly and substantially the same---While procedural irregularities and unfairness were apparent on record, particularly from DW-01's cross-examination, the fact remained that the respondent s case had already been adjudicated conclusively by competent constitutional forums---High Court, sitting in revisional jurisdiction, could not override the authoritative pronouncements of the Constitutional Court and the Supreme Court---Judgment and decree passed by the first Appellate Court was set aside --- Present civil revision was allowed, in circumstances.        Muhammad Chiragh-ud-Din Bhatti v. Province of West Pakistan 1971 SCMR 447; Allah Bachaya v. Qadul 1989 SCMR 836 and Atiqur-Rehman and others v. Muhammad Ibrahim and another 1984 SCMR 1469 rel. (b) Civil Procedure Code (V of 1908) S.115---Constitution of Pakistan, Art.203---Revisional jurisdiction of the High Court---Scope---The provision of S.115 of C.P.C. under which…