FCC nullifies Sindh High Court order on special supplementary exam

2026-02-03 - 10:36

ISLAMABAD – The Federal Constitutional Court (FCC) has struck down the Sindh High Court’s order that had allowed a student to sit for a special supplementary exam, stating that courts cannot replace the law with personal morality or sympathy. The case concerned a student of Shaheed Mohtarma Benazir Bhutto Medical University, who missed the annual exam due to a kidney transplant and could not appear in the supplementary exam for medical reasons. After the university rejected two requests for a special supplementary exam, the student approached the Sindh High Court under Article 199 of the Constitution, which granted permission to sit for the exam. However, the FCC, during the hearing, emphasized that judges must make decisions based on law, not emotions. “Courts cannot allow personal ethics or sympathy to override the law,” the court remarked. The decision of the FCC effectively overturns the Sindh High Court’s order permitting the student to sit for the special supplementary exam. The court noted that neither law, rules, nor regulations provide for special supplementary exams, and High Courts cannot issue orders based on compassion or personal sentiments. It added that judicial decisions cannot be influenced by personal beliefs or political considerations; the credibility of the judiciary lies in adherence to the law, not emotional judgments. The FCC’s ruling stressed that Pakistan is a constitutional state, not governed by individuals, and judges act as impartial arbiters. Giving priority to sympathy over legal responsibility amounts to a deviation from judicial duty. The court also underlined that High Courts are creations of the Constitution and operate within the legal framework defined under Article 199, and any powers beyond this mandate are impermissible. FCC dismisses intra-court appeal of five IHC judges in transfer case