Pakistani court orders IIUI to reconsider PhD student’s application — The Express Tribune
Pakistan’s Federal Constitutional Court has ordered the International Islamic University Islamabad (IIUI) to reconsider a PhD student’s application for an extension of the deadline to submit her dissertation. The university had previously rejected her request, while the Islamabad High Court dismissed her petition, The Express Tribune reports.
Binding nature of court decisions
A bench headed by Justice Syed Hassan Azhar Rizvi stressed in a 24-page ruling that the legal positions of the Federal Constitutional Court are binding on all courts in the country, including the Supreme Court of Pakistan. The court referred to Article 189 of the Constitution and noted that subsequent benches of smaller or equal composition should generally follow previously established legal principles.
If a bench doubts the correctness of an earlier ruling, it must provide reasons and ask the chief justice to form a larger bench for the final resolution of the issue, the ruling said.
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Limits of academic autonomy
The court also clarified that university autonomy does not preclude judicial review. The assessment of dissertations, research papers or academic achievements requiring specialized expertise generally calls for restrained judicial intervention. At the same time, administrative and regulatory decisions of educational institutions may be reviewed for legality, authority, procedural fairness and compliance with applicable rules.
The court separately drew attention to constitutional guarantees of equality and the protection of women. Circumstances that may affect women’s education, including marriage, relocation, pregnancy, health conditions, motherhood and childcare, must be duly taken into account within the framework of rules and policies. In the student’s case, the court found that her application for an extension had not been considered in accordance with the applicable legal and policy framework, including clause 3.12(iv) of the Higher Education Commission’s 2023 policy.
