Case Details

Citation(s)
2015 SLG 2106 2015 SLD 2106 2015 YLR 1468
Lahore High Court
Intra Court Appeal No. 9 of 2014/BWP, heard on 18th March, 2014.
ALTAF IBRAHIM QURESHI AND SADAQAT ALI KHAN, JJ
Muhammad Ali for Appellant. M.A. Hayyat Harraj for
Respondent No. 1/UHS. Muhammad Farooq Warind for
Respondent No. 2. Muhammad Ayyaz Kalyar for
Respondent No. 3

MURAD ALI KHAN

VS

Vice Chancellor and others

Law:

Section:

Law Reforms Ordinance (XII of 1972)--- ----S. 3 (2)---Constitution of Pakistan, Art. 199---University of Health Sciences Lahore Ordinance (LVIII of 2002), S.10---Intra-court appeal---Maintainability---Original order---Scope---Admission in M.B.B.S. programme---Seat reserved for student from Cholistan---Scope---Restoration of list of successful candidates for admission in M.B.B.S. programme in which name of the petitioner/candidate existed---Validity---Respondent-appellant was not from Cholistan by birth as required for the allocation of seat reserved for M.B.B.S. course whereas petitioner was from Cholistan by birth---Petitioner was wrongly dropped from the list of successful candidates for admission in M.B.B.S. programme against one seat reserved for student from Cholistan---Single Judge of High Court had rightly invoked the constitutional jurisdiction and struck down the list to the extent of present appellant-respondent---Impugned was quite legal and intra-court appeal before Division Bench of High Court against the of Single Judge was not maintainable under S. 10 of University of Health Sciences Lahore Ordinance, 2002---Remedy of revision was available against the order of Authority which was to be treated as original order for the purpose of S. 3(2) of Law Reforms Ordinance, 1972---Revision filed by the appellant-respondent had been entertained by the Authority---Bar of filing appeal under S. 3(2) of Law Reforms Ordinance, 1972 was attracted in the present case and intra-court appeal was not competent---Intra-court appeal was dismissed in circum-stances. PLD 1963 Lah. 53 and PLD 1965 Pesh. 47 ref. Vice-Chancellor University of Health Sciences v. Breeha Zainab and others 2011 MLD 1652 rel. JUDGMENT SADAQAT ALI KHAN, J.---The instant Intra Court Appeal No.09-2014/BWP has been filed by Murad Ali Khan against the judgment dated 7-2-2014 passed by Single Judge of this court in Writ Petition No.7351 of 2013 filed by respondent No.3 Mst. Tehreem Fatima Lashari according to which same was allowed and list dated 2-12-2013 of successful candidates for admission in MBBS course to the extent of present appellant Murad Ali Khan was set aside whereas list dated…
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