Supreme Court of Pakistan: While deciding a case regarding reservation scheme for admission in the Medical College, the Court held that educational institutions are independent to follow policy for admission, enjoy complete freedom to take decisions in their own matters and any Court does not have Constitutional jurisdiction to strike down their policy unless the same is proved to be mala fide, made in a colourable exercise of authority, etc. The Court, further, said that the present reservation policy is not violative of Art 25 of Constitution of Pakistan because there is a reasonable classification with intelligible differentia as in the present case the students who secured more marks will succeed in getting admission on open merit, while those who fail to get admission on open merit may opt to get the benefit of Self Finance Scheme(SFS) for admission. Addressing the argument regarding different fee structure for foreign students admitted under SFS, the Court said that every college has its own study atmosphere due to different facilities available and hence, expenditures of education also varies from college to college and city to city. Owing the aforesaid reasons, the Court was of the opinion that such policy is not in violation of Constitution provisions.[ Secretary Economic Affairs Div, Islamabad v. Anwarul Haq Ahmed, Civil Appeals No.2234, 2235 of 2005 & 61 of 2006, decided on 31.07.2013]...
Posted on: Fri, 02 Aug 2013 16:28:54 +0000
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