Law:

Section:

(a) University of the Punjab Act (IX of 1973)-------S.35---Constitution of Pakistan (1973), Arts.19, 199 & 18---Constitutional petition---Freedom of trade, business or profession--�Establishment and administration of an educational institution---Refusal of University to affiliate educational institution---Not violation of fundamental right of - the person establishing such educational institution-- -Citizen is not prohibited from establishing and administering an educational institution of his own choice---Right to establish an educational institution is not an absolute right and is subject to such law as may be made by the State in the interest of general public--�Establishing an, educational institution can, by no stretch of imagination, be treated as practising any "profession" --Contention was that the educational institution so created, would be rendered nugatory if affiliation was denied by the University and that establishment of educational institution would be of no utility unless the same was affiliated to the University for the purpose of conferment of degrees on the students---Validity---When an institution applies to a University to be affiliated, it has to conform to the measures prescribed by the concerned University---Conditions precedent for affiliation are meant for uniformity, efficiency and excellence in educational courses and do not violate any fundamental right---Principles. A citizen is not prohibited from establishing and administering an educational institution of his own choice. But establishing educational institutions can, by no stretch of imagination, be treated as practising any profession. Teaching may be a profession but establishing an institution, employing teaching and non-teaching staff, procuring the necessary infrastructure for running a school or college is not practising profession. It may be anything but not practising a profession. Assuming, however, that a person or body of persons has a right to establish an educational institution even then this right is not an absolute one. It is subject to such law as may be made by the State in the interest of general public. On these premises, the question,…