| Citation(s) |
|---|
| 2017 SLG 1276 2017 SLD 1276 2017 PLJ 71 |
Supreme Court (AJ&K)
C.A. No. 396 of 2015, decided on 16.1.2016. Date of hearing: 13.1.2015.
RAJA SAEED AKRAM KHAN, JUSTICE
Miss Bilqees Rasheed Minhas, Advocate for Appellant. Sardar Shahid Hamid Khan, Advocate for
Respondent No. 1 to 3. Kh. Imtiaz Ahmed Khan, Advocate for
Respondent No. 4.
C.A. No. 396 of 2015, decided on 16.1.2016. Date of hearing: 13.1.2015.
RAJA SAEED AKRAM KHAN, JUSTICE
Miss Bilqees Rasheed Minhas, Advocate for Appellant. Sardar Shahid Hamid Khan, Advocate for
Respondent No. 1 to 3. Kh. Imtiaz Ahmed Khan, Advocate for
Respondent No. 4.
JAWARIA MAQSOOD . --Appellant
VS
JOINT ADMISSION COMMITTEE FOR MEDICAL COLLEGES THROUGH CHAIRMAN, AJ&K MEDICAL COLLEGE, MUZAFFARABAD AND 3 OTHERS . --RespondentS
Law:
Section:
Educational Institution --.-- --.-- Reserved seat --.-- Policy notification --.-- Education from local schools --.-- Challenge to --.-- Waived right to get admission in medical college --.-- Higher qualification does not debar to get admission in medical college --.-- Nomination of candidates who passed F.Sc. Prior to issuance of notification --.-- Prospectively --.-- Validity --.-- Only those candidates will be eligible for nomination against the seats reserved, who completed their Intermediate education as a regular student from the local institutions of the areas --.-- A notification or an executive order can only operate prospectively and not retrospectively unless specifically provided otherwise --.-- Notification is fully applicable for Session 2015-16, and no one can be nominated in violation of the conditions imposed in that notification. THIS JUDGMENT DELIVERED BY: Raja Saeed Akram Khan, JUSTICE:---.--- This appeal by leave of the Court has been directed against the judgment of the High Court, dated 15.12.2015, whereby the learned High Court disposed of different writ petitions with some directions. 2. The facts necessary for disposal of this appeal are that the appellant, herein, filed Writ Petition No. 2426 of 2015, through which she challenged the nomination of Respondents No. 4 and 5, therein, against the seats reserved for the resident of Leepa Valley. It was claimed by her that she obtained her education from the local schools and college of Leepa Valley throughout her educational career. In pursuance of advertisement, dated 22.08.2015, she appeared in the entry test conducted on 04.10.2015 and qualified the same. The Government of Azad Jammu and Kashmir has issued policy notification, dated 17.04.2014, which was challenged before the High Court through another writ petition. The learned High Court while deciding the said writ petition vide judgment, dated 10.11.2014, has recorded the findings that notification, dated 17.04.2014, shall be applicable to the onward the sessions 2015-16. The said judgment of the High Court has not been challenged which has attained finality. It was contended that in view of the notification, dated 17.04.2014,…
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