Law: Civil Procedure Code (V of 1908)

Section: O.I,R.3

Law: Disabled Persons (Employment and Rehabilitation) Ordinance, 1981

Section: 10

(a) Education Institution--- ----Expert opinion--- Judicial review--- Scope---Admission in Medical College on the basis of disability--- Quota of disabled persons--- Scope--- Petitioner applied for admission on the basis of disability---Petitioner was examined by a Medical Board comprising of three Professors and one Assistant Professor who concludedthat petitioner was not eligible for disability seat--- Validity---Petitioner had neither challenged the recommendations of the Medical Board constituted by University nor copy of said recommendations had been appended with the petition---Petitioner had not claimed any partiality, bias or discrimination against the Medical Board which examined him---Court could not exercise powers of judicial review against an expert opinion---Petitioner had not joined other candidates who had been granted admission, as party to the petition nor their medical certificates had been appended or challenged---Constitutional petition was dismissed. De Smith's Judicial Review (Sixth Edition) by Harry Woolf, Jeffrey Jowell and Andrew Le Sueur foll. Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCMR 961 and University of Health Science, Lahore through Vice-Chancellor and others v. Arslan Ali and another 2016 SCMR 134 ref. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 3--- Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981), S.10---Defendants, impleading of---Quota for disabled persons---Admission in MBBS on the basis of disability---Scope---Petitioner claimed that disability quota under S. 10 of Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 must be 3 per cent of the total seats for MBBS---University contended that rules and regulations contained in prospectus were approved by provincial government which has not been arrayed as party to the petition---Validity---Petitioner's contention with regard to number of seats reserved for disability quota could not be entertained without impleading provincial government as party to the petition---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this writ petition, following prayer…

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