ISLAMABAD: The Islamabad High Court (IHC) on Friday dismissed as non-maintainable a writ petition seeking cancellation of in-person A and O level exams.
Chief Justice Athar Minallah announced this verdict after hearing arguments of the petitioners’ lawyer.
The court directed the petitioners to approach the National Command and Operation Centre to have their grievance redressed.
“This court has already held that the decisions of the National Command and Operation Centre are binding and not justiciable by a judicial forum,” read the four-page long verdict.
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“The grievance raised by the petitioners relates to policy of the Federal Government in the context of dealing with the crisis of Covid-19. This court, therefore, is not the competent forum nor has the expertise to direct the respondents regarding what mode should be adopted relating to assessment of students.”
“We can’t issue any instructions,” the judge observed during the hearing earlier today, hinting at referring the matter to the National Command and Operation Centre (NCOC) to make a decision in this regard.
Justice Minallah said courts can’t interfere in policy matters. “We can’t interfere in the NCOC’s policy decisions on the coronavirus,” he observed, noting the Government of Pakistan couldn’t issue any instructions to Cambridge as the former only facilitates the exams in the country.
“Do you want the court to restrain the government from taking exams?” the chief justice asked the petitioners’ counsel.
“There is no such a thing in his petition that is not the policy of Cambridge,” the lawyer contended. “My petition is not against Cambridge that gave two options. Saudi Arabia, Thailand and India opted for physical exams.”
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The court observed that only nine students have filed the petition. The nine petitioners can’t be the representative of thousands of other students who may want to sit the physical exams, Justice Minallah remarked.
It is noteworthy that the Sindh High Court (SHC) is also hearing a similar petition.
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