Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Test for admission in Medical College---Policy decision of government---Scope passed his matriculation examination in the year 2012, thereafter, he continued his Islamic education, however, in the year 2017, he passed Higher Secondary School Examination and scored higher marks but since there existed gap between the degrees of matriculation and intermediate, therefore, five marks of the petitioner as per annum, were deducted from his qualification marks despite the fact that he qualified for medical seat also contended that on the one hand his marks were deducted while on the other hand he was not granted additional 20 marks given to persons acquiring madrasa degree---Validity had not submitted any certificate to show that he was a Hafiz-e-Quran, therefore, he was not entitled for the 20 marks---Eligibility of candidates was a policy of the College, thus, High Court could not interfere in the policy matters, which required consideration of various factual aspects---Constitutional petition was dismissed in limine. Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Policy decision---Scope---High Court cannot sit as a Court of appeal over the policy decisions and substitute its own decision with the decision of the Government unless it is proved that the decision has been made in excess of jurisdiction or the same is arbitrary and devoid of any justification. Institute of Chartered Accountants of Pakistan, Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679 and Dossani Travells Pvt. Ltd. and 4 others v. Messrs Travels Shop (Pvt.) Ltd. and others 2013 SCMR 1749 ref. JUDGMENT ZAHEER-UD-DIN KAKAR, J.--- Through this Constitution Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 the Constitution, the petitioner has made the following prayer: That this Honble Court may graciously be pleased to declare that the merit formula of the respondent university by deducting marks for the gap between…

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