| Case ID |
0b00a13b-af2b-4438-a973-9728b5b8a0cb |
| Body |
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| Case Number |
Writ Petition No.1841-P of 2013 |
| Decision Date |
Nov 28, 2013 |
| Hearing Date |
Nov 28, 2013 |
| Decision |
The Peshawar High Court ruled that the policy of the respondent-University regarding the issuance of the No Objection Certificate (NOC) for the petitioner to proceed on the awarded scholarship was illegal and without lawful authority. The court acknowledged the petitioner's rights under the Constitution and emphasized the importance of transparency and fairness in the scholarship process. The court directed the University to grant the NOC to the petitioner, thereby allowing him to pursue his scholarship abroad. |
| Summary |
This case revolves around a constitutional petition filed by Hussain Muhammad challenging the refusal of the Vice Chancellor of Islamia College, Peshawar, to issue a No Objection Certificate (NOC) for an Ex-Pakistan study leave and to release funds for his PhD scholarship. The petitioner argued that the refusal was based on a flawed policy decision made by the University, which was not only arbitrary but also violated his rights guaranteed under the Constitution of Pakistan. The High Court examined the principles of public policy as they relate to scholarships and the rights of applicants. The court ultimately decided in favor of the petitioner, highlighting the need for transparency and adherence to proper procedures in the issuance of scholarships. This decision reinforces the significance of legal rights in administrative actions and the court's role in upholding justice in educational matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Islamia College, Peshawar,
Higher Education Commission, Islamabad
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
YAHYA AFRIDI
|
| Lawyers |
Muhammad Ijaz Khan Sabi,
Ijaz Anwar
|
| Petitioners |
HUSSAIN MUHAMMAD
|
| Respondents |
4 others,
Vice Chancellor, ISLAMIA COLLEGE, PESHAWAR
|
| Citations |
2015 SLD 1398 = 2015 CLC 500
|
| Other Citations |
2006 SCMR 412,
2013 PTD 658,
PLD 1957 (W.P) Lahore 914,
PLD 1963 SC 564,
PLD 1969 SC 223,
PLD 1971 SC 252,
1991 SCMR 483,
2013 YLR 1396,
1986 CLC 1056,
1999 MLD 1469,
PLD 1969 SC 407,
PLD 1991 SC 973
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
8
|