FCC sets aside IIUI decision against PhD law student

ISLAMABAD –  The Federal Constitutional Court has set aside the decision of the International Islamic University Islamabad (IIUI) rejecting a PhD law student’s request for an extension to submit her thesis and remanded the matter to the relevant authorities for fresh consideration. In its detailed written judgment, the court held that rejecting the student’s request solely on the ground that the prescribed period for completing the PhD had expired was insufficient. The authorities were required to examine the reasons for the delay under the Higher Education Commission’s 2023 Graduate Education Policy, particularly where the delay resulted from circumstances beyond the student’s control or from the university’s administrative and academic processes. A two-member bench comprising Justice Syed Hasan Azhar Rizvi and Justice Muhammad Karim Khan Agha issued the judgment on an appeal filed by Shehla Khaliq. The court set aside the Islamabad High Court’s judgment and the university’s letter dated May 6, 2025, rejecting her request.

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According to the detailed judgment, the student had enrolled in the PhD law programme in 2015 and, after completing her thesis, sought permission from the university on August 29, 2024, to submit it. The university rejected her request on the ground that the prescribed period had expired.

The student’s counsel argued that her research had been affected by delays in holding the comprehensive examination and announcing its results, the process for approval of the research proposal, relocation to a remote area after marriage, limited internet and electricity facilities, childcare responsibilities for two children and the Covid-19 pandemic. Despite these circumstances, the student had completed her thesis.

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The court held that under the HEC’s 2023 policy, a request for an extension to complete a PhD could be considered in exceptional circumstances. However, an extension under the policy was not an automatic right; the competent authority was required to examine the reasons for the delay and issue a reasoned decision.

The judgment further observed that educational institutions enjoyed autonomy in academic matters, but such autonomy was not beyond the scope of law. Courts were not required to assess academic qualifications or the quality of a research thesis themselves, but could examine whether the relevant authorities had acted in accordance with legal and regulatory requirements.

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The court also emphasised that the difficulties faced by women pursuing higher education because of responsibilities such as marriage, relocation and childcare should be considered sympathetically and appropriately within the applicable legal and policy framework.

The Federal Constitutional Court directed the university’s competent authority to provide the student an adequate opportunity of hearing, examine the reasons for the delay and the relevant record, and issue a fresh, reasoned decision in accordance with law and the applicable policy, preferably within 30 days of receiving a certified copy of the judgment.

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