Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Educational Institution---Medical College---Admission on self-finance basis on vacant seat of overseas Pakistani after petitioner (resident citizen of Pakistan) having failed to get admission on merits as well as on local self-finance seats of his District---Payment of tuition fee in US Dollars 7000 by petitioner for first academic year without reservation---Petitioner's plea raised in second academic year that as he was granted admission on approval of Chief Minister after conversion of overseas Pakistani seat into that of local seat, tuition fee whereof was Rs.2,50,000 per year, thus, tuition fee paid in US dollars was liable to be adjusted towards tuition fee applicable to local students for future years and his treatment as overseas Pakistani student and demand of tuition fee in US dollars in future from him was unjustified---Validity---Tuition fee paid by petitioner in US dollar was fees for overseas Pakistani citizens on self-finance basis---Petitioner's passing percentage on merits and self-finance scheme for local seats was far below against last candidate selected against self-finance seats on merits---Petitioner's case at the time of making application to Chief Minister for admission on vacant seat of overseas Pakistani was that by giving him admission, financial loss to College by such unutilized seat would be curtailed---Petitioner at relevant time had come to rescue of College and wanted to save College from financial loss as there was no applicant for such vacant seat and same was going to waste---Petitioner had offered himself on such quota and agreed to pay tuition fee in US dollars---Petitioner's such offer was selfish and at cost of usurpation of rights of students having fallen short on merit list and aimed at depriving College to charge him for seat on which he was accommodated---Petitioner was attempting to wriggle out from his commitment in paying tuition fee in dollars on false plea that since he was admitted on local self-finance seat, he could not be asked to pay in dollars---Petitioner had come from back door---Legitimate right of students having secured far more…

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