Law:

Section:

(a) Constitution of Pakistan (1973)--­---,.Part II, Chap. 1 (Arts. 8 to 28)---Fundamental Rights---Minutes of University Syndicate could not be treated as statutory in nature unless properly notified through notification/regulation/rules---Mere provision in the minutes of Syndicate meeting could not be made basis for violation of fundamental right guaranteed in the Constitution. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Scholarship in a foreign university--­Petitioner was nominated for M.Sc. Degree in Engineering Management Course in a foreign University---Admission of petitioner was confirmed by the foreign University, but he could not proceed to complete the course on account of his transfer to some other department on deputation---Petitioner, after his repatriation to his department approached the University in Pakistan to allow him to avail the scholarship facility which request of the petitioner was turned down---Validity---Agreement between the two Universities provided that every fifth nominee would be given free scholarship---Four nominees having already joined the University abroad and petitioner being the fifth nominee would certainly qualify for grant of scholarship at the expense of foreign" University---University in Pakistan would incur no monetary loss, if the petitioner was allowed to proceed on scholarship--­Order of the University to Pakistan being illegal and without lawful authority, it was directed to refrain from interfering in the right of the petitioner to proceed and complete his two years course at foreign University. (c) Administration of justice--- ---- Judges of High Court, like other parents are also having parental feelings for the welfare of their children---If any discrimination or injustice is done to son of a Judge and if he knocks at the door of Court for justice, the same cannot be denied to him merely on the ground that he is the son of a sitting Judge, unless some other sound reasons for depriving him to seek such remedy from a Court is shown. JUDGMENT MALIK HAMID SAEED, J.--- The Writ Petitioner, Khizar Azam Khan, is a Lecturer of Mechanical Engineering in N.-W.F.P. University of…

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