Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Object and scope---Provision of Art.199 of the Constitution provides, inter alia, for a declaration, a prohibitory order, a mandatory order and order in the nature of quo warranto---Jurisdiction possessed by High Court in such-like matters is discretionary---Object of such orders is to foster justice and to right a wrong---Discretionary relief under Constitutional jurisdiction can only be claimed by a person having a bona fide claim and coming to Court with clean hands for enforcement of legal rights obtained in lawful manner. (b) Educational institution--- ---- Prospectus of educational institutions---Value of---Prospectus of an educational institution is a complete code in itself providing for the courses and other allied matters to regulate day to day affairs of the institution. (c) Educational institution--- Providing facility of promotion to unsuccessful students-- -Grievance the students was that although they had failed to pass first professional examination of M.B.,B.S., yet they were not promoted to the next class---Validity---No provision existed under the college prospectus to provide to the failed students the facility of promotion to higher class---In case the students ,were extended such facility, the same would disturb the whole academic system of the college which would adversely affect the other students---Court declined to interfere in the educational affairs as in the present case, no violation of rules of the respective institution or discrimination of the students therein was established---Where the students had been dealt with fairly by College Authorities, no case of interference had been made out for exercise of Constitutional jurisdiction. Miss Sakina Begum v. Bolan Medical College, Quetta through Secretary and 3 others 1995 SCMR 334 ref. JUDGMENT IJAZ-UL-HASSAN, J.--- This order is proposed to dispose of Writ Petition No, 147 of. 2001 filed by Samin Akbar and 4 others petitioners, students of 2nd Year of Ayub Medical College, Abbottabad, under. Article No, 199 of the Constitution of the Islamic Republic of Pakistan (1973) seeking a declaration to the effect…

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