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The Courts should avoid disrupting the Internal Governance of Educational Institutions unless there is a clear Violation of Statutory Provisions or Fundamental Rights --- Islamabad High Court, Islamabad

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Islamabad 07-12-2024: In a significant decision emphasizing judicial restraint in academic matters, the Islamabad High Court (IHC) dismissed a writ petition filed by a student challenging the National University of Modern Languages’ (NUML) decision to award him an M.Phil degree instead of a Ph.D. The judgment was delivered by Mr. Justice Miangul Hassan Aurangzeb.

The Petitioner, Zafarullah Shaheen, enrolled in an M.Phil leading to a Ph.D. in English Literature in 2010. He claimed to have completed his thesis but was unable to meet the deadline of January 31, 2019, to fulfill all formalities for the Ph.D. The university awarded him an M.Phil degree instead, citing his failure to comply with the requirements within the stipulated time frame. Aggrieved by this decision, the Petitioner filed a writ petition, arguing that procedural delays by NUML caused him to miss the deadline.

Mr. Justice Miangul Hassan Aurangzeb dismissed the petition, holding that NUML acted in accordance with its regulations, particularly Regulation 5.3 of the Examination Regulations-2001, which sets the maximum duration for Ph.D. programs at eight years. The Petitioner failed to complete his Ph.D. formalities within the prescribed time, despite multiple warnings from NUML. Judicial intervention in academic matters is limited to instances where institutional actions violate statutes or fundamental rights.

Citing precedents, the Court emphasized that academic institutions possess the expertise and autonomy to enforce their regulations and make decisions about academic programs. Mr. Justice Miangul Hassan Aurangzeb highlighted the Supreme Court’s guidance in Khyber Medical University Vs. Aimal Khan (PLD 2022 SC 92), underscoring the principle of judicial restraint in academic affairs.

The decision reaffirms the principle that Courts should avoid disrupting the internal governance of educational institutions unless there is a clear violation of statutory provisions or fundamental rights. It also highlights the importance of adhering to institutional deadlines and regulations in academic programs.

The Islamabad High Court’s (IHC) ruling underscores the autonomy of educational institutions and the limited scope of judicial review in academic matters. By dismissing the petition, the Court upheld NUML’s authority to enforce its regulations and timelines, setting a precedent for similar cases in the future.