Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Educational institution---Petitioner, student of 1st year of M.B.B.S., was denied migration from one medical college to the other by authorities/universities which maintained that migration required upgradation---Petitioner was not allowed migration even after he completed first year of the M.B.B.S.---Validity---Petitioner sought migration against vacant seat---Question of upgradation could arise only where number of candidates exceeded the number of seats---In the absence of vacancy on self-finance basis, petitioner should have been adjusted against available regular seat---Refusal to allow migration was held to be detrimental to the interests of citizens and taxpayers---Authorities were directed to allow petitioner's application for migration. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- This writ petition is directed against refusal of migration of the petitioner from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medial College, Multan. The petitioner was admitted to 1st year M.B.B.S. for session 2007-2008 on self-finance basis, however she was enrolled in sessions 2008-2009, that too, on a direction issued by this Court. It is maintained that the petitioner being financially hard pressed is finding difficult to pursue her education at Sheikh Zaid Medical College, Rahimyar Khan and thus filed an application for migration to Nishter Medical College, Multan where her family resides and thereby she had a chance to reduce her expenses by living with the family. An application was filed by her for migration from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medical College, Multan and she was informed that in order to succeed she needed to be upgraded. As under the rules, migration from Sheikh Zaid Medical College, Rahimyar Khan to Nishter Medical College, Multan was otherwise not permissible. However, she was informed that a vacancy at Nishter Medical College does exist. She approached the Nishtar Medical College for migration and upgradation. The 1st year of M.B.B.S. course session 2007-2008 was completed by the petitioner. The petitioner filed an application for her upgradation…

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