| Citation(s) |
|---|
| 2012 SLG 562 2012 SLD 562 2012 CLC 1034 |
Lahore High Court
Writ Petition No.6009 of 2010/BWP, decision dated: 21st April, 2011
MUHAMMAD QASIM KHAN, J
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Writ Petition No.6009 of 2010/BWP, decision dated: 21st April, 2011
MUHAMMAD QASIM KHAN, J
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ATIA KANWAL
VS
UNIVERSITY OF HEALTH SCIENCES, LAHORE through Vice Chancellor and 11 others
Law:
Section:
(a) University of Health Sciences, Lahore Ordinance (LVIII of 2002)------Ss. 35 & 36---Prospectus of University of Health Sciences, Lahore Rules and Regulations For Various Categories of Seats, Cls. (d) & (g)---Constitution of Pakistan, Art.199---Constitutional petition---Admission to medical college---Reserved seats for disabled persons---Disability, percentage of---Grievance of petitioner (candidate) was that despite producing disability certificate issued by Chairman, Assessment Board for Disabled Person, the University (respondent) refused her admission on the ground that she did not fulfil the criteria of 20% disability, when minimum percentage fixed by the University for the eligibility of admission against seats reserved for disabled candidates was neither mentioned in the advertisement or admission form nor in the Prospectus---Validity---Objection of petitioner was not tenable, as according to clause (d) of Rules and Regulations for Various Categories of Seats, the Medical Board constituted by the Chairman Admission Board was final authority to make the final decision about suitability of the candidate for admission against reserved seats and according to clause (g) of the said Rules and Regulations, the Medical Board constituted under the Regulations was to fix the minimum disability for the purpose of admission in medical college by considering as to what level of disability would deprive a candidate to compete with the other normal colleagues in carrying out day to day work and impediments faced by disabled persons in getting their professional education---Such power had been rightly exercised by the experts and the threshold of disability had been properly judged by the Medical Board, according to the structures criteria made by the Experts---Record showed that even candidates with 19% disability were not considered for admission, as compared to the petitioner who only caried 15% of disability---Petitioner had not challenged her percentage of disability declared by the Medical Board and neither it was contended in the constitutional petition nor argued before the Court that members of the Board were inimical towards the petitioner, or that…
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