Abdul Salam Versus The Government of Balochistan through is Secretary Colleges Higher Technical Education Civil Secretariat, Balochistan, Quetta
Order
Muhammad Hashim Khan Kakar, C.J .--- The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ( the Constitution ), carries the following prayer clause:
It is therefore respectfully prayed that keeping in view the above-made submissions, this Hon ble Court may kindly be pleased to allow the instant petition by canceling the impugned Notification No. SO (Budget) 3-5/GoB-BRCs/2024/Edn:7318-29/dated 04-11-2024, and directing the respondent No.1 to allow the petitioner s son to change his school with any other nearest residential school, in the interest of justice and fair-play.
2. Brief facts as narrated in this petition are that the petitioner s son namely Asfandyar is studying in Balochistan Residential College (BRC) Uthal in Class VIII and the petitioner along with his other kids is residing at Loralai. As per opinion of Dr. Muhammad Ilyas Baloch, Consultant Psychiatrist, Balochistan Institute of Psychiatry and Behavioral Sciences (BIPBS) Quetta, the son of petitioner namely Asfandyar is suffering from adjustment disorder (a mental health condition). The respondent No. 1 declined the request of the petitioner for migration of his son Asfandyar from BRC, Uthal to any other nearest BRC vide the above impugned notification.
3. The moot question arises whether adjustment disorder is a reasonable ground for migration of petitioner s son from one BRC to another. It is worth-while to highlight what is adjustment disorder entails? An adjustment disorder is a strong reaction to stress or trauma. A stressor could be a positive or negative event. It causes short-term symptoms that affect thoughts, behaviors and emotions. Adjustment disorder is typically triggered by identifiable stressors, which can be a single event (e.g., loss of a love one, divorce, job loss) or a series of events (e.g., chronic illness, ongoing relationship issues). Symptoms typically develop within three months of the onset of the stressor and usually do not last longer than six month after the stressor or its consequences have ended.
4. Suffice to highlight here that the son of the petitioner is a student of class 8th and for students of his age it is quite natural to experience such adjustment challenges when they are away from their home and family. Such situation is not unique to the petitioner s son alone but is often encountered by many students who are placed in distant educational institutions. Needless to highlight that adjustment disorders are typically short-term conditions that arise in response to specific stressors which are often resolved as the individual/student adapts to the new environment and circumstances. Thus, the ground of adjustment disorder alone would not be sufficient to justify the migration of petitioner s son from BRC, Uthal to any other nearest BRC; especially when the petitioner, being father of the student, himself chose such institution i.e. BRC College Uthal, while recognizing its benefits and opportunities it provides for the academic and personal growth of his son. Additionally, grant of such relief to the petitioner s son would open a flood gate of applications which would be presented by parents of each student and the very concept and object of the BRC institutions would ultimately be compromised.
5. In the context of migration requests from one educational institution to another, particularly in residential colleges, the superior courts have consistently upheld the principle that such migrations are subject to specific regulations and policies established by the governing authorities. The authorities have imposed a ban on migrations and the residential colleges have limited seats. The courts have shown a tendency to prioritize institutional policies and the overall integrity of the educational system over individual requests unless there are compelling reasons that align with the established regulations.
6. It is also worth mentioning that the learned counsel has not challenged the competency of the Board of Governors of Balochistan Residential Colleges to frame rules or chalk out a policy to regulate to issues regarding migrations of students, fee concession and conversion of self-finance admissions into regular admissions, however, an abortive attempt was made by contending that there is no law under which such ban or policy. Admittedly, admissions in the residential colleges which is being financed, staffed and run by the Government has to be regulated by the certain rules or policy is framed. It may be pointed out here, that the learned counsel did not specifically raised the plea that it is not Board of Governors but some other forum which was competent to frame such rules or policy and the Government clearly retains the right to guide and control the affairs of such institutions, including the question of migrations in such institutions.
In such view of the matter, since the success of the instant petition is not visible, as such, the same is dismissed in limine.
MH/170/Bal. Petition dismissed.