Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan--- ----Arts. 25 & 199---Educational institution---Admission to medical college---Discrimination---Petitioners/candidates were aggrieved of eligibility criteria determined for admissions to Medical College for Overseas Pakistanis and others---Validity---Classification for candidates who had studied abroad for a mere 2-year period, no matter where that may be, were considered to be at an academic advantage compared to candidates who had acquired their education in Pakistan---Such classification amounted to a damning indictment of the overall state of education in country---While a distinction might be drawn for purposes of admission between local Pakistanis and persons who are overseas Pakistanis, the latter genre cannot be broadened vide impugned classification in question merely on the basis of two-years of foreign education, so as to encompass persons who are Pakistani citizens and otherwise possess qualifications and thus preclude them from applying for general merit seats---High Court set aside classification in question as the same was unreasonable and could not be introduced in the prospectus as a device to put an otherwise eligible Pakistani citizen beyond the pale of consideration---Constitutional petition was allowed in circumstances. Abdul Baqi and others v. Muhammad Akram and others PLD 2003 SC 163 and Mst. Attiyya Bibi Khan v. Federation of Pakistan through Secretary of Education (Ministry of Education, Civil Secretariat, Islamabad and others 2001 SCMR 1161 ref. ORDER YOUSUF ALI SAYEED, J.---The question essentially arising for determination in these Petitions is whether a Pakistani citizen domiciled in this Province and holding a Permanent Residence Certificate ("PRC") validly issued under the Sindh Permanent Residence Certificate Rules 1971 (the "PRC Rules") can be disqualified from applying for admission to a general merit seat for the Bachelor of Medicine, Bachelor of Surgery ("MBBS") program at public sector colleges. 2. That question arises as the Prospectus for the year 2021-22 issued by the Health Department of the Province of Sindh (the "Prospectus") essentially classifies prospective Pakistani applicants who…

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