Citation Name: 2024 MLD 1892 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Basit Ali vs Higher Education Commission (HEC) arts — 2024 MLD 1892 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 MLD 1892 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: MLD
Parties: Citation Name: 2024 MLD 1892 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Basit Ali vs Higher Education Commission (HEC) arts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 MLD 1892 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Basit Ali VS Higher Education Commission (HEC) arts.25, 27 & 199---Educational Institution---Policy decision---Judicial review---Scope---Change of evaluation/eligibility criteria for foreign scholarship of Law Graduates---Provincial autonomy---Scope---Doctrine of estoppel, applicability of---Petitioner participated in the test conducted by Higher Education Commission (HEC) and when he could not achieve the desired result, he turned around and challenged the same on the grounds that the eligibility criteria was vague in nature and discriminatory---Doctrine of estoppel by conduct of the petitioner was fully applicable, therefore, after participating in the entry test conducted by HEC, he could not challenge the same on the ground of discrimination---Each Province is empowered to make its own decision regarding the subjects that fall within their respective domain in accordance with its own circumstances---Decision by one Province regarding any matter cannot be cited as grounds for discrimination if another Province does not make the same decision---Courts should generally refrain from interfering in policy decisions taken by statutory bodies and authorities tasked with running the affairs of educational institutions and students, like the HEC as it needstechnical and professional expertise---Courts are neither equipped with such expertise nor possess the relevant experience to interfere in such matters---In the absence of un-rebuttable material on record regarding mala fide, the Court should not conduct judicial review of an administrative order/action or intervene with the said order of executive authority which otherwise was free from any illegality or jurisdictional clause---Constitutional petition was dismissed accordingly.

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