Case Details

Citation(s)
2006 SLG 2455 2006 SLD 2455 2006 SCMR 412
Supreme Court of Pakistan
C.P.L.As. Nos.452-K and 453-K of 2003, hear on 28-01-2005
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ

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AMIR-FEROZ SHAMSI and anothers

VS

INSTITUTION OF BUSINESS ADMINISTRATION and another

Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)--- Educational institutions--- Comprehensive examination---Petitioners had sought declaration that comprehensive examination scheduled to be held being mala fide and discriminatory, was illegal and of no effect---Contention of petitioners was that they having already got enrolled themselves with the Institute and qualified in a good number of courses, could not be detained from appearing at the examination in remaining courses and restrain sitting in the comprehensive examination---Stance of Institute had been that once a Policy decision had been taken by Institute which was a statutory body, in the interest of higher standard of education, it would be applied with immediate effect and all such students including the petitioners, were duly informed about the change of eligibility criteria before holding of examination of such courses---Validity---Despite petitioners failure to achieve the required target prescribed under statutory rules of the Institute, petitioners should not have been permitted to sit in the comprehensive Test as it would neither be fair nor just or equitable to interfere into affairs falling within exclusive domain of the Institute---Action impugned was supported by a lawful authority vested in Academic Board of the Institute and petitioners did not appear to have been singled out---No room was there, in circumstances for regulating business of the Board by the Court. Muhammad Sadiq v. University of Sindh PLD 1996 SC 182 ref. Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioners. Chaudhry Muhammad Jamil, Advocate Supreme Court and Raja Sher Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 28th January, 2005. JUDGMENT RANA BHAGWANDAS, J.--- Petitioners, having registered themselves as student for Ph.D. programme with respondent Institute of Business Administration, invoked the constitutional jurisdiction of the High Court seeking following reliefs:-- "(1) To declare that the comprehensive examination scheduled to be held on 23-12-2002 being mala fide and discriminatory is illegal and of no effect. (1-a) To declare that the application of present and proposed grading plan…
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