Case Details

Citation(s)
2023 SLG 934 2023 SLD 934 2023 MLD 735
Sindh High Court
C. P. No. D-3643 of 2019, decided on 3rd October, 2022. Date of hearing: 12th September, 2022.
Before Ahmed Ali M. Shaikh, C.J. and Yousuf Ali Sayeed, J
Javed Anwar for Petitioners. Sandeep Malani, Assistant Advocate General, Sindh for
Respondent No. 1. Muhammad Arif for
Respondent No. 2. Hassan Arif for
Respondents Nos. 3 - 5.

SHAH NAWAZ and 18 others---Petitioners

VERSUS

GOVERNMENT OF SINDH through Secretary Health, Karachi and 4 others-----Respondents

Law:

Section:

Educational institution--- ----Admission to medical college---Special quota---Change of status---Petitioners were given admission in medical college against self-finance and foreign quota seats---Petitioners sought change in mode of payment of college dues from US Dollars to Pak Rupees and also sought their adjustment on regular seats which were lying vacant---Validity---Petitioners applied on overseas sponsored category and their sponsors had expressed willingness to pay applicable fee in US Dollars at the time of admission---Grievance of petitioners had arisen due to continued decline of Pak Rupees in relation to US Dollars---Candidates who had applied and taken up foreign or self-finance seats could not see transfer of such further seats of either category as remained vacant to open merit quota and to be accommodated against those transfer seats---Petitioners could not be allowed to approbate and reprobate so as to accept a benefit and then seek to resign from their earlier position so as to avoid related burden---Petitioners were bound by their previous conduct---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. ORDER YOUSUF ALI SAYEED, J.---The Petitioners were admitted to the MBBS Program at the Dow International Medical College (DIMC) in the 2017 Session, and have invoked the Constitutional jurisdiction of this Court while seeking to agitate a grievance as to the quantum and payment of fees being charged from them in that regard. 2. The Petitioners case proceeds on the assertion that they had unsuccessfully applied for admission at DIMC on open merit, but had then been goaded by the administration to take admission against seats for the Overseas Sponsored Category, in respect of which the fees was denominated and payable in US Dollars. It is said that whilst certain payments were initially made, the financial burden became unbearable over time as the Pak Rupee continued to lose ground to the US Dollar at a rapid pace, with the Petitioners approaching the administration for relief, but to no avail. In the backdrop portrayed, the Petitioners have sought that DIMC be directed to charge the fee in Pak…
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