| Citation(s) |
|---|
| 2012 SLG 2820 2012 SLD 2820 2012 CLC 1071 |
Lahore High Court
Writ Petitions Nos. 22713, 23187, 22099, 21305 C.Ms. Nos. 3734, 3735, 3788, 3790, 3884, 3885, 3891, 3907, 3914, 3932 to 3941, 3943, 3957, 3966 and 3971 of 2011, decided on 15th November, 2011.
CH. SHAHID SAEED AND MALIK SHAHZAD AHMAD KHAN, JJ
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Writ Petitions Nos. 22713, 23187, 22099, 21305 C.Ms. Nos. 3734, 3735, 3788, 3790, 3884, 3885, 3891, 3907, 3914, 3932 to 3941, 3943, 3957, 3966 and 3971 of 2011, decided on 15th November, 2011.
CH. SHAHID SAEED AND MALIK SHAHZAD AHMAD KHAN, JJ
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MUHAMMAD ZUBAIR and 5 others
VS
GOVERNMENT OF PAKISTAN through Secretary Health, Islamabad court and 22 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 25---"Equal protection of law"---Scope---Equality is always amongst the equals and it should be between persons who are placed in same set of circumstances---Conception of 'equality before law' does not involve idea of absolute equality among human beings which is physically impossible---Equal protection of law envisaged in Art. 25 of the Constitution means that no person or class of persons would be denied same protection of law which is enjoyed by persons or other class of persons in like circumstances in respect of their live, liberty, property or pursuit of happiness---Persons similarly situated or in similar circumstances are to be treated in same manner---Principle of equality does not apply mathematically. Pakistan Petroleum Workers Union through its General Secretary v. Ministry of Interior through its Secretary, Islamabad and another 1991 CLC 13 and Mubarak Ali Khan and 7 others v. Government of the Punjab through Secretary, Finance Department, Civil Secretariat, Lahore and another 1990 CLC 136 rel. (b) Educational institution--- ----Admission in medical college---Vested right---Student who passes F.Sc. (pre-medical) has no vested right to get admission in M.B.B.S.---Such student has to get through conditions or merit, whatsoever, set by that institution or controlling authority. (c) Educational institution--- ----Admission in medical college---Merit---Object, scope and purpose---Merit, conditions or policy, whatever it be named, is necessary and inevitable and cannot be termed against law or as a process of depriving those who remain unsuccessful therein---Strict application of merit for eligibility always improves quality and standard, which is essential and should continue in all spheres of life in its true spirit. (d) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)--- ----S.33 (2)---Constitution of Pakistan, Arts.199 & 25---Constitutional petition---Equality before law---Scope---Admission in medical college---Entry test---Merit list, preparation of---Principle of estoppel---Applicability---Petitioners appeared in entry test for admission in medical college but remained…
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