MUHAMMAD IQBAL vs THE DIVISIONAL COMMISSIONER, D.I.KHAN and others
This matter comes before the Supreme Court of Pakistan upon a petition filed by Muhammad Iqbal against the Divisional Commissioner, D.I. Khan and others. The learned counsel for the petitioner did not press the main petition but requested that the petitioner, who has already completed his First Year and is currently studying in the Second Year at Bolan Medical College, not be ousted due to the admission of Mast Ali Khan, in order to protect his future career. The core legal question concerned whether the court could issue a direction to the college authorities to accommodate the petitioner. The court held that no such direction could be issued as a matter of right, but expressed a desire that the college authorities favorably consider the petitioner's predicament and try to accommodate him as far as possible. The key principle laid down is that while the court cannot compel educational institutions by issuing mandatory directions to accommodate students outside regular rules, it may urge authorities to consider humanitarian aspects regarding a student's academic future.
- Can the Supreme Court issue a direction to college authorities to accommodate a student outside regular admission rules?
- Whether a student who has completed the first year of studies can claim reinstatement as a matter of right when displaced by another admission?
ORDER
1. ' NASIM HASAN SHAH, J.--The learned counsel for the petitioner does not press this petition but has merely prayed that on account of the admission of Mast Ali Khan the petitioner Muhammad Iqbal will be thrown out of the College. It is submitted that Muhammad Iqbal, petitioner, has already completed the First Year in the Bolan Medical College and is now in the Second Year and if he is ousted at this stage this would be very injurious for his future career. It is prayed that the College Authorities be directed to accommodate him in the Second Year, in the interest of justice.
2. 'No such direction can be issued but we would, in the circumstances of the case, desire the College Authorities to very favourably consider the predicament of the petitioner Muhammad Iqbal and try to accommodate him as far as possible.
3. ' With these observations this petition stands disposed of.
Cited by 1 case
- Zeest Shah vs Gomal Medical College, D.I.Khan & 4 others 2019 YLR 174, 2018 PHC 1504