| Citation(s) |
|---|
| 2013 SLG 1678 2013 SLD 1678 2013 SCMR 1687 |
Supreme Court of Pakistan
Civil Appeals Nos.2234, 2235 of 2005, 61 of 2006, CivilPetitions Nos.1587-L, 1588-L of 2010, 445-L and 454-L of2012, decision dated: 31st July, 2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Jawwad Hassan, Additional A.G. Punjab, Ijaz Farrukh, Senior Law Officer, Health Department for Appellants/Petitioners (in C.A. 2234 of 2005, C.P. No. 1587-L and 1588-L of 2010). A.K. Dogar, Senior Advocate Supreme Court for Appellants (in C.As. Nos.2235
Civil Appeals Nos.2234, 2235 of 2005, 61 of 2006, CivilPetitions Nos.1587-L, 1588-L of 2010, 445-L and 454-L of2012, decision dated: 31st July, 2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Jawwad Hassan, Additional A.G. Punjab, Ijaz Farrukh, Senior Law Officer, Health Department for Appellants/Petitioners (in C.A. 2234 of 2005, C.P. No. 1587-L and 1588-L of 2010). A.K. Dogar, Senior Advocate Supreme Court for Appellants (in C.As. Nos.2235
SECRETARY ECONOMIC AFFAIRS DIVISION, ISLAMABAD and others
VS
ANWARUL HAQ AHMED and othersSECRETARY, GOVERNMENT OF PUNJAB, HEALTH DEPARTMENT and others Vs NOORIEN S. BOKHAREE and othersPRINCIPAL/EO, FATIMA JINNAH MEDICAL COLLEGE FOR WOMEN, LAHO
Law:
Section:
(a) Constitution of Pakistan---Art. 25---Qanun-e-Shahadat (10 of 1984), Art. 114---Medical College---Admission policy---Fee structure---Difference in fee structure for admissions based on merit and those based on Self-Finance Scheme---Legality---Classification between students based on an intelligible differentia---Scope---As per prospectus for the sessions 2002-2003 issued by Health Department of Provincial Government seats in medical colleges were allocated on open merit, and those who could not get admission on open merit had option to apply through different categories/schemes including "Self-Finance Scheme" for foreign students of Pakistan origin---Under the said "Self-Finance Scheme" a student had to contribute to the college endowment fund an amount ranging between US $ 5000 - 10,000 per annum, depending on the city in which the college was located, and such amount was to be paid in advance, and for ensuring payment of fee for the remaining four years student also had to furnish a bank guarantee, in addition to the fees payable by a regular student---Respondent-student succeeded in getting admission on "Self-Finance Scheme" basis and deposited his contribution of US $10000 towards college endowment fund as prescribed in the policy, besides fulfilling his obligations towards payment of normal fee---After getting admission respondent filed a constitutional petition before the High Court challenging the fee structure under the "Self-Finance Scheme" on the ground that charging of fee/endowment funds at higher rates from the students of "Self-Finance Scheme" as compared to other students was discriminatory as well as violative of Art.9 read with Art.25 of the Constitution---High Court allowed said constitutional petition and directed that all students under the "Self-Finance Scheme" should be charged a uniform rate of US $ 5000 per annum as college endowment fund irrespective of the location of the college, and condition of furnishing bank guarantee for the remaining four years was also set aside---Plea of Provincial Health Department that respondent was estopped from challenging the policy of admission under the "Self-Finance Scheme", as he himself accepted…
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