Constitutional petitioner

2025 CLC 1995 PESHAWAR-HIGH-COURT Judicial Precedent

S. 17General Clauses Act (X of 1897), S. 21Constitution of Pakistan, Art. 199Constitutional petitionLocus poenitentiae, principle ofApplicabilityAdmission testResponsibilityUnfair means, use ofRe-examinationJurisdiction

Provincial Government scrapped the result of MDCAT conducted for admissions to Medical and Dental Colleges and had directed for testing afresh

Validity

Provincial Government under S. 17 of Pakistan Medical and Dental Council Act, 2023 was empowered alone to conduct MDCAT examination

Provincial Government had the authority to cancel the examination in terms of S. 2l of General Clauses Act, 1897

Provincial Government could not exercise such authority in vacuum unless there was sufficient material before Provincial Government justifying or even requiring for cancellation of examination

Unfair means were used in the examination on a very large scale and there was a racket behind the same

It was evident from report of Joint Investigation Team that it was a premeditated scheme of an organized group who devised scientifically sophisticated equipment for unfair means which were available in the market against a handsome amount

Though, only 219 persons were found involved using such devices, however, keeping in view the character and design of the devices which were not easily visible, there was a strong probability that a good number of students had used the devices

Candidates who were opposing re-testing had no vested right in the examination conducted by authorities

Provincial Government had the locus poenitentiae of re-testing

Re-testing would cause no prejudice to the candidates because if they had confidence in their abilities and intellect, then in the next examination they could again attain a better position

If the examination was not re-conducted, the candidates who were involved in unfair means would be in advantageous position as compared to those students who had worked hard and burnt midnight oil while preparing for the examination

High Court declared that when mass cheating was unearthed by Joint Investigation Team, the Provincial Government rightly cancelled MDCAT and such decision of Provincial Government cancelling the MDCAT and its direction for re-taking of MDCAT was in accordance with its mandate and did not call for any interference

High Court directed Provincial Government to conduct MDCAT within the time period as provided by the cabinet (six weeks) ensuring transparency in the examination

High Court directed Medical and Dental Council to notify to Provincial Government after consulting admitting university as well as Provincial Government a date for MDCAT across the Province within a time period of six-weeks

Constitutional petition was disposed of accordingly.

2012 PLD 224 SUPREME-COURT Judicial Precedent

PreambleNational Commission for Human Development Ordinance (XXIX of 2002), PreambleConstitution of Pakistan, Arts.270AA, 25-A, 29, 7 & 184(3)Constitutional petitionsRight to educationPrinciples of policy

Winding up of Basic Education Community Schools established under National Education Foundation Ordinance, 2001 and the Commission under Human Development Ordinance, 2002 and the Commission

Validity

National Education Foundation Ordinance, 2002 and National Commission for Human Development Ordinance, 2002, having been promulgated much prior to the introduction of Constitution (Eighteenth Amendment) Act, 2010, whereby Art.270AA was substituted in the Constitution in pursuance whereof the Concurrent Legislative List containing entries relating to education were abolished, were protected

Education was Fundamental Right of an individual, therefore, the Directive Principles of State Policy being subsidiary to the Fundamental Rights guaranteed under the Constitution were required to be protected under the law, which were holding the field

In presence of said two laws, and for the reasons that the Basic Education Community Schools were functioning under the control of Government agencies and by the NGOs, despite repealing of Concurrent Legislative List, the Government of Pakistan through Prime Minister had created a Division known as Professional and Technical Training Division, which had been authorized to deal with all the matters relating to NCHD and NEF

Provision, which had brought protection to both the Ordinances, could only be repealed by the repealing statute and merely by issuing any letter or the order as in the present case to close down the Project of Establishment and Operation of Basic Education Community Schools, was contrary to law.

2012 MLD 1774 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art.199Constitutional petitionEducational institutionAdmissionEligibilityDetermination

Student (petitioner), who successfully completed the Master's program in question was denied a degree on ground that he was not eligible for admission to the program as he did not have the minimum required marks at time of his graduation

Validity

Admission criteria for the Master's program in question set by the University (respondent) stated that a candidate must have at least secured 45% marks at Intermediate or Graduate/Post Graduate level, but such requirement did not apply to candidates who already possessed a Master's degree therefore, it was clear that already possessing a Master's degree was an independent eligibility for the program in question

Student, in the present case, already possessed a Master's degree when he applied for the program in question

University did not raise any objection or question regarding eligibility of student at any point of time and now that he had earned qualification for the award of a degree, to say that he was not eligible for admission on the basis of his graduation was totally unjustified rather showed mala fide

Student was issued admit/identity card for all the semesters, regularly paid all his fees and ultimately completed the prescribed course and was declared successful by the University (respondent)

Student had earned eligibility to be granted degree for the Master's program in question, which he had successfully completed

Constitutional petition was disposed of accordingly.

2011 PLC(CS) 270 PESHAWAR-HIGH-COURT Judicial Precedent

S. 3North-West Frontier Province Civil Servants Act (XVIII of 1973), S.3North-West Frontier Province Service Tribunals Act (I of 1974), S.8Constitution of Pakistan, Art.199Constitutional petitionCivil serviceQuestion of terms and conditions of serviceJurisdictionScope

Jurisdiction of other courts and forums were ousted by the specific bar provided in N.-W.F.P. Civil Servants Act, 1973 and N.-W.F.P. Servants Tribunals Act, 1974 where the questions of terms and conditions of a civil servants were involved.