| Citation(s) |
|---|
| 2001 SLG 2292 2001 SLD 2292 2001 CLC 47 |
Lahore High Court
Civil Revision No.574 of 2000 and Writ Petition No.17293 of 1998, heard on 19-05-2000
CH. IJAZ AHMAD, J
Mahmood A. Sheikh for Petitioner. Dr. Qazi Mohy-ud-Din, Legal Advisor and Malik Akhtar Hussain Awan, Addl. A.G. for
Respondents
Civil Revision No.574 of 2000 and Writ Petition No.17293 of 1998, heard on 19-05-2000
CH. IJAZ AHMAD, J
Mahmood A. Sheikh for Petitioner. Dr. Qazi Mohy-ud-Din, Legal Advisor and Malik Akhtar Hussain Awan, Addl. A.G. for
Respondents
BABAR JAVED
VS
PRINCIPAL, PUNJAB MEDICAL COLLEGE, FAISALABAD and 2 others
Law:
Section:
Educational institution------- Cancellation of admission---Admission obtained by candidate in Medical College under Self-Finance Scheme was cancelled on the ground that candidate had obtained 802 marks in F.Sc. Examination instead of 812 marks---No allegation was levelled against candidate that he had obtained certificate by using unfair means as Board of Intermediate and Secondary Education did not allege any allegation of fraud or misrepresentation against the candidate, except that he had obtained 802 marks and not 812 marks in examination---Sufficient seats were lying vacant under Self-Finance Scheme due to non-deposit of amount whereas candidate had deposited required amount which had been utilized by the College Authorities---Candidate was studying in final year and had to appear in final examination---Board of Intermediate and Secondary Education had admitted that candidate had not obtained certificate by using unfair means, but it was inadvertent wrong committed by official of Board in grand total---Sufficient seats which were lying vacant were not offered by Authorities to eligible candidates--Candidate could not be penalized by inaction of Public Functionaries who did not offer said seats to other eligible candidates on merit list of Self-Finance Scheme---Candidate was allowed to continue his studies by the High Court in the interest of justice and fairplay and to save career of candidate who had successfully passed all examinations and was to appear in final examination. Summer Prevez's case PLD 1971 SC 838; Faiza Malik's case PLD 1992 SC 324 and Ahmed Latif's case PLD 1994 Lah. 3 ref. JUDGMENT I intend to decide Civil Revision No. 574 of 2000 and Writ Petition No. 17293 of 1998 by one consolidated judgment having similar facts and law. 2. The brief facts giving rise to these cases are that petitioner appeared in F.Sc. Annual Examination, 1995 under Roll No:808 held by respondent Board. The result was declared and the petitioner obtained 812 marks; the respondent-Board issued certificate No. 1154 to the petitioner on 21-10-1995. The petitioner on the basis of aforesaid certificate filed an application for admission in Medical College in…
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