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6115/2024 Const. P. Ms. Shafaq Ishtiaq (Petitioner) V/S The Principal Govt. Elemetary College & Others (Respondent)

Sindh High CourtConstitutional Law2025

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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6115/2024 Const. P. Ms. Shafaq Ishtiaq (Petitioner) V/S The Principal Govt. Elemetary College & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 01-JAN-25

This Court has limited power to interfere in college disciplinary matters. Intervention is warranted only if bias, inadequate defense, unfair procedures, statutes, or regulations are breached, fundamental rights are infringed (Right to education, expression), and the decision is manifestly unjust. Courts prioritize fairness and uphold fundamental rights while respecting the autonomy of educational institutions. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are missing in the present case. In such circumstances, this petition is found to be not maintainable and is dismissed accordingly with pending application (s).

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