| Case ID |
2a8e9a5b-53fa-4ec1-a6b1-1a5ef0a5232f |
| Body |
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| Case Number |
D-2939 of 2019 |
| Decision Date |
Dec 07, 2020 |
| Hearing Date |
Sep 02, 2020 |
| Decision |
The Sindh High Court dismissed the constitutional petition of Quratulain Ibrahim Arain, who challenged the cancellation of her enrollment in the Masters in Advanced Physical Therapy Program. The court found no case of discrimination as the petitioner failed to complete the research component within the stipulated time and did not meet the criteria for an extension that was granted to other students. The decision emphasized that the cases of students were not comparable, and the criteria applied by the university were consistent and objective. The court upheld the validity of the notification cancelling her enrollment and the decision to allow only partial credit transfer upon re-enrollment. |
| Summary |
This case revolves around the constitutional petition filed by Quratulain Ibrahim Arain against the Government of Sindh and the Dow University of Health Sciences. The petitioner argued that she was unfairly discriminated against when her enrollment in the Masters in Advanced Physical Therapy Program was cancelled due to her failure to complete the required research work within the allowed time frame. The court examined the principles of reasonable classification and discrimination under the Constitution of Pakistan. It concluded that there was no evidence of discrimination as the petitioner did not fulfill the necessary requirements for extension that were afforded to other students. The ruling underscores the importance of adhering to academic policies and the consistent application of standards across all students. The decision was significant in reinforcing the legal frameworks surrounding educational institutions and their governance. It serves as a precedent regarding the treatment of students in similar cases, emphasizing the need for clear and fair policies in academic settings, which can be crucial for both students and educational institutions alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
YOUSUF ALI SAYEED
|
| Lawyers |
Amar Naseer,
Shehryar Mehar, AAG,
Wasiq Mirza,
Professor Saba Suhail
|
| Petitioners |
QURATULAIN IBRAHIM ARAIN
|
| Respondents |
4 OTHERS,
GOVERNMENT OF SINDH THROUGH SECRETARY HEALTH
|
| Citations |
2021 SLD 2488,
2021 MLD 1215
|
| Other Citations |
Zeeshan Javed v. Province of Sindh 2019 MLD 368,
Abdul Haleem Siddiqui v. Federation of Pakistan 2019 PLC (C.S.) 238,
Dr. Nauman Muhammad Khan v. CADD 2019 MLD 97
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
25,
199
|