| Citation(s) |
|---|
| 2019 SLG 1248 2019 SLD 1248 2019 MLD 853 |
Peshawar High Court
Writ Petition No. 1251 of 2018 along with C.M. No. 978-A of 2018, decision & hearing Dated: 04-12-2018.
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Petitioner(s) by: Tipu Muhammad Sultan and Kiran Ayub Tanoli
Respondent(s) by: Niaz Khan Jadoon on behalf
Writ Petition No. 1251 of 2018 along with C.M. No. 978-A of 2018, decision & hearing Dated: 04-12-2018.
LAL, JAN KHATTAK, JUSTICE SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Petitioner(s) by: Tipu Muhammad Sultan and Kiran Ayub Tanoli
Respondent(s) by: Niaz Khan Jadoon on behalf
SANA NOOR AND ANOTHER
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY HEALTH, PESHAWAR AND 5 OTHERS
Law: MBBS and BDS (Admission, House Job and Internship) Regulations, 2018
Section: 13
Law: Constitution of Pakistan, 1973
Section: 199
MBBS and BDS (Admission, House Job and Internship) Regulations, 2018--- ----Regln. 13---Admission in medical college against dropout students seat---Scope---Petitioners claimed that they were granted admission in the institution in lieu of dropout students/vacant seats, however, their admission forms were not sent to the University for appearance in upcoming examination---Plea of institution was that petitioners were granted provisional admission in the institution and father of petitioners had sworn affidavit wherein he specifically mentioned that in case of non-admission, petitioners would have no right to sue the institution---Validity---Regulation 13 of MBBS and BDS (Admission, House Job and Internship) Regulations, 2018 provided that no institution shall allow admission against dropout and vacant seats---Petitioners could not claim admission in the institution on the basis of dropout students/vacant seats as their vested right---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Petitioner through the instant writ petition has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, humbly prayed that on acceptance of instant writ petition, the respondents be directed to register the petitioners as regular students of Women Medical College, Abbottabad and directions be given to respondent No.05 to treat them at par with other regular students and send their forms for upcoming supplementary examination and further directions be given to the Respondent University to accept their forms, issue their roll numbers and allow the saidpetitioners to appear in the upcoming supplementary examination of first year BDS and supplementary examination of first year MBBS respectively." 2. Brief facts of the case, as averred in the present writ petition, are that petitioners Nos.1 and 2, were admitted by respondent No.5 in lieu of the excessive/drop out students in First Year BDS and First Year MBBS, respectively, for sessions 2017-2018; that when the date sheet was issued by Respondent University, the petitioners were not allowed to…
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