Law: Constitution of Pakistan 1973

Section: 9, 14, 18, 20,22, 37(c) & 199

Law: Jinnah Sindh Medical University Act, (XXIII of 2013)

Section: 3

(a) Constitution of Pakistan (1973)-------Art. 9---Term "life"---Scope, import and applicability---Term "life" used in Art.9 of the Constitution is of very wide import and includes all those rights which are necessary for living a quality life befitting human dignity, as such the term "life" cannot be limited to mere vegetative or animal life. (b) Constitution of Pakistan (1973)-------Arts. 9, 14, 18, 20, 37(c) & 199---Sindh Medical Colleges Act (V of 1987), S.3---Constitutional petition---Educational institution---Right of education---Vires of statutory rules---Candidate was given admission in medical college on Self Finance Basis---Authorities directed the candidate to furnish bank guarantee regarding college dues for five years---Plea raised by the candidate was that demand of such bank guarantee was unreasonable, harsh and discriminatory, which was in fact to help the rich at the cost of poor---Validity---Right to education was a fundamental right covered by Arts.9, 14, 18 and 20 read with 37(c) of the Constitution and, therefore, any unreasonable restraint, hindrance or condition on its exercise would be ultra vires the Constitution, irrespective of whether the same was imposed by an administrative or executive act, by some statutory rule or even by the statute itself---Condition of furnishing bank guarantee was unreasonable inasmuch as it was neither fair nor meant to achieve any useful purpose---Such condition placed the less opulent in disadvantageous position as compared to the more opulent; nor same was reasonable, in the sense that besides being unfair it served no useful purpose---High Court declared the condition of depositing of bank guarantee for five years' fee contained in prospectus to be both unreasonable and unconstitutional and of no legal effect---High Court restrained the authorities from giving effect to the condition of furnishing of bank guarantee---Constitutional petition was allowed in circumstances.Per Sabihuddin Ahmed, C.J.--Right of education is part of right to life guaranteed under Article 9 of the Constitution and, therefore, Section 3 of the Sindh Medical Colleges Act, 1987 cannot be so construed as to enable the…