Case Details

Citation(s)
2015 SLG 2162 2015 SLD 2162 2015 MLD 818
Lahore High Court
Writ Petition No. 13935 of 2013, decided on 12th December, 2013.
MAHMOOD AHMAD BHATTI AND IBAD-UR-REHMAN LODHI, JJ
Ahmed Nadeem Khan Chandia for Petitioner. M.A. Hayat Haraj for
Respondents Nos.1 to 3.

[Lahore] ARSLAN ALI

VS

UNIVERSITY OF HEALTH SCIENCES through Vice Chancellor and others

Law:

Section:

(a) Prospectus for Government Medical and Dental Institutions of Punjab for the Session 2013-14--- ----R. II, Cls. b, c & f---Constitution of Pakistan, Art. 199---Constitutional petition---Educational Institution---Admission in M.B.B.S. programme against reserved seats for disabled students---Criteria---Ineligibility of candidate for disability seats due to findings of Medical Board constituted by the Chairman Admission Board---Scope---Aggregate of petitioner was 81.0762% and his name was not included in the list of selected candidates against the seats reserved for disabled candidates---Petitioner was shown at serial No. 12 of the list showing the candidates not found eligible for disability seats---Petitioner was not found a disabled person in view of Medical Board constituted by the Chairman Admission Board and twenty other candidates were found eligible for admission on the basis of medical examination conducted by a Board constituted by the Chairman Admission Board---Student placed at serial No. 1 of the list of successful candidates had obtained aggregate of 88.0260% whereas last one placed at serial No. 20 of the said list obtained the aggregate of 68.6662%---Petitioner should have been placed after serial No. 7 in the said list but he was ignored in the merits and his name was included in the list of candidates not eligible for disability seats on the findings of Medical Board constituted by the Chairman Admission Board which did not find the petitioner having suffered from any disability---Petitioner provided a certificate issued by Social Welfare Woman Development and Bait-ul-Maal (Provincial Council for the Rehabilitation of Disabled Persons) in Government of Punjab wherein he was assessed by the Board constituted to adjudge the disability---Disability of petitioner shown in the said certificate was "Left Ankylosed Elbow" which was permanent in nature---Clauses b & c of Rule II of Prospectus for Government Medical and Dental Institutions of Punjab for the Session 2013-14 were inter-contradictory as clause-b provided that the candidate was required to attach a certificate from a government certified specialist about his disability which only…
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