Law:

Section:

(a) Educational Institution--- ----Admission to medical college---Reserved seats for backward area---Closure of admission---Wong admission---Petitioner candidate applied on seat reserved for backward area but she was not given admission on grounds that she did not get education from school and college situated in the backward area---Plea raised by authorities was that session for which petitioner applied was completed/closed and she could not be given admission---Validity---Relevant clause of Criteria of Eligibility for Admission in BDS as well as MBBS for candidate from Backward Areas of Khyber Pakhtunkhwa did not envisage that candidate having acquired education from educational institution which was near to backward area would be given preference over candidate who obtained education from an area which was considerably placed at remote distance from backward area within the district where backward area was located---If facility of education was available at place near to backward area within district where backward area was located and candidate did not obtain his education from that nearest place, rather had obtained education from other part of district where backward area was situated, such candidate could not be denied admission against reserved seat under criteria in question---Authorities misconstrued proviso to Clause-II (ii) of Criteria of the Eligibility---High Court directed the authorities to give admission to petitioner in any public sector college according to her merit---Plea raised by authorities was no ground to withhold admission to petitioner as nobody could be prejudiced by acts/omissions of government/public sector institution---Petitioner was entitled to be given admission either in ongoing session or in forthcoming session whichever was appropriate keeping in view the policy---High Court further directed that respondent should not be disturbed because of her lower position on merit as she was neither at fault nor had made any misrepresentation or fraud while applying for admission against seat in question as she had already completed her first year of education and a vested right had accrued to her to complete her…

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