2026 CJ Review 6Vice Chancellor Shaheed Mohtarma Benazir Bhutto Medical University and others vs. Altaf Hussain Somroo
--- Arts. 199 & 4 --- Constitutional jurisdiction --- Right to be dealt in accordance with law --- Equitable jurisdiction --- Writ of mandamus --- Scope --- A question has arisen before Federal Constitutional Court concerning the scope and exercise of the constitutional jurisdiction of the High Courts under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, particularly in relation to the exercise of its equitable jurisdiction --- High Court while exercising its constitutional jurisdiction, issued a writ of mandamus directing the University to hold a “super/supplementary examination” for the student, notwithstanding the absence of any law, rule, or regulation requiring the conduct of such an examination --- Federal Constitutional Court observed that the High Courts are not vested with the authority to exercise such powers, as every case must be adjudicated strictly in accordance with the law and not on considerations of compassion, equity or whims of a judge.
2026 CJ Review 6Vice Chancellor Shaheed Mohtarma Benazir Bhutto Medical University and others vs. Altaf Hussain Somroo
--- Art. 199 --- Constitutional jurisdiction --- Writ of mandamus --- Scope --- The very language of a writ of mandamus denotes a command issued to a person or authority requiring the performance of a duty which the law obliges him or her to perform and which has been unlawfully omitted.