The Federal Constitutional Court has struck down a Sindh High Court ruling that allowed a student to sit for a special super supplementary exam, emphasizing that courts cannot replace law with personal morality or sympathy.
The case involved a student from Shaheed Mohtarma Benazir Bhutto Medical University who missed the annual exam due to a kidney transplant and was also unable to attend the supplementary exam for medical reasons. The student had submitted two requests to the university’s vice-chancellor, both of which were rejected, before approaching the Sindh High Court under Article 199 of the Constitution. The High Court had granted the student permission to sit for the special exam.
During the hearing, the Federal Constitutional Court remarked that judges must decide cases based on law, not emotions. “Courts cannot issue orders based on personal ethics or sympathy,” the verdict stated.
The court ruled that the law, rules, and regulations do not provide for a special super supplementary exam, and high courts cannot create such provisions based on compassion or personal feelings.
The verdict further noted that judicial decisions cannot be based on personal beliefs or political realities. The credibility of the judiciary rests on adherence to law, not emotional judgments. Judges are obligated to deliver justice fearlessly and impartially, strictly in accordance with legal provisions.
The Federal Constitutional Court emphasized that Pakistan is a state governed by the Constitution, not individuals, and judges are impartial arbiters, not private persons. Giving priority to sympathy over legal duty constitutes a deviation from judicial office.
The court also clarified that high courts derive authority from the Constitution, and their powers under Article 199 are limited. They may exercise only those powers explicitly granted by the law or Constitution.
This decision reaffirms the principle that the judiciary must act within the boundaries of law, with personal considerations or goodwill unable to override statutory provisions.
