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ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) vs The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad arts — 2025 SCMR 322 SUPREME-COURT

Case information

Citation
2025 SCMR 322 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) vs The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad 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

ALL PUBLIC UNIVERSITIES BPS TEACHERS ASSOCIATION (APUBTA) VS The FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad arts. 4, 9, 25, 25a & 184(3)---Constitution petition before the Supreme Court---Maintainability---Public Sector Universities---Posts of Vice-Chancellors, Pro Vice-Chancellors, Rectors, Presidents, Vice-Presidents, Registrars, Heads of Faculties and Departments, Controller of Examination, Director Finance and other tenured positions either lying vacant and/or held on acting charge basis---Decision making bodies of the public sector universities, i.e., their board of trustees, board of governors, syndicates, senates and academic councils not meeting periodically and/or compliance not being made in holding the minimum prescribed number of meetings as stipulated in their respective laws---Matters raised in the present petition are within the ambit of clause (3) of article 184 of the Constitution---Issues which have been raised are of public importance affecting the interest of all those attending these universities---People's taxes help run public sector universities, therefore, they expect that they be run in accordance with applicable laws and efficiently, and their taxes do not go to waste---Other pre-condition in clause (3) of article 184 is that the petition must seek the enforcement of any of the Fundamental Rights---This requirement is also met---article 25 of the Constitution mandates that citizens are entitled to equal treatment and to equal protection of the law, but if compliance is not made with the laws governing public sector universities, the citizens' Fundamental Rights are violated---article 25a of the Constitution requires that children upto the age of 16 years must be educated, which demonstrates the importance the Constitution attaches to education---Position of a Vice-Chancellor of a university must not be left vacant, and if appointment to this position is delayed it adversely affects the functioning of the university, which attracts article 9 of the Constitution-right to life-as life has been construed to include all of life's attendant benefits, including that of education provided by the law---article 4 of the Constitution stipulates that citizens have an inalienable right to be treated in accordance with the law, but if public sector universities, funded by the taxpayers do not operate in accordance with laws governing them, then citizens are not being treated in accordance with the law---Constitution petition was held to be maintainable.

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