The benefit of education can’t be restricted to one or other genera or class. The effect and end result of holding right to education is implicit in the right of life which the State can’t deprive, said Acting chief justice of Sindh High Court (SHC) Mr. Aqeel Ahmed Abbasi and Justice Abdul MobeenLakho in his order in case pertaining to non-issuance of enrollment card to a law student.It may be noted that legal assistance in this case was provided on the instructions of Pasban Democratic Party (PDP) Chairman AltafShakoor.
As per details, the bench of acting chief justice of Sindh High Court (SHC) Mr. Aqeel Ahmed Abbasi allowed the issuing of enrollment card to a law student, Fatima Quaid and other affected law students.The petitioner Fatima Quaid had filed a constitutional petition D-5623/2023 against Principal S M Law College Karachi and registrar and vice chancellor of Karachi University.She submitted that on the basis of clearance of LAT she was eligible to apply for getting admission in BA LLB (five year programme) in S M Law College Karachi; therefore, the petitioner and all other eligible students had applied for admission in BA LLB and after fulfilling all requirements, they were admitted to BA LLB programme at the SM Law College after having made payment of the requisite fee.She submitted that she was not being allowed to submit her enrolment form to the KU without assigning any reason, due to which she would be unable to appear in the forthcoming examinations without.
She submitted that she and another 49 students had been verbally informed that as per the policy, only 100 students of the BA LLB part I could take the exams. A list of affiliated government colleges had been published by the office of the KU’s affiliation committee on May 5, 2023, which mentioned that the SM Law College had a seating capacity of 150 BA LLB students.
The petitioner submitted that she had paid the entire admission and enrolment fees and despite that, the respondent’s action of not issuing the admit card for the upcoming exams was unlawful.The high court was requested to direct the respondent to issue admit cards of the petitioner and other 49 students after accepting their enrolment forms and allow them to take the examinations.The court allowed the petition and in its order said that insurability, education being an indispensable and primary fundamental right is the course of action of accelerating learning, or the attainment of knowledge, competence, values, moral beliefs and habits and that this rights flows directly from the right to life which is also concomitant to the fundamental rights enshrined in our Constitution.
The benefit of education can’t be restricted to one or other genera or class. The effect and end result of holding the right to education is implicit in the right of life which the State can’t deprive. Education is somewhat worthy of contrivance which transforms educated people as a valuable source of knowledge for society. However, the court vide its short order dated 07.12.2023 had already allowed the petition.
