Overview
- A two-judge FCC bench led by Justice Aamir Farooq with Justice Rozi Khan Barrech set aside the Sindh High Court’s mandamus to Shaheed Mohtarma Benazir Bhutto Medical University.
- The 18-page judgment says judicial decisions must rest on law rather than morality, compassion, personal beliefs or political considerations.
- The court clarified that any power to render equitable or compassionate relief exists only under Article 187 for the Supreme Court and FCC, not under High Courts’ Article 199 jurisdiction.
- High Court interference in university administration is permissible only in exceptional, legally grounded circumstances such as violations of natural justice or constitutional or statutory mandates.
- The case arose from an SHC order allowing a second-year MBBS student, who missed exams after a kidney transplant, to sit a special or super supplementary paper that no rule authorizes.