Law:

Section:

Through the instant writ petition, the petitioner, Naeem Ashraf, who is presently working as a Charge Nurse at the Pakistan Institute of Medical Sciences, Islamabad (“P.I.M.S.”), seeks s direction to respondents No.2 and 3 to admit the petitioner in the 02 Years Post RN B.Sc. Nursing Programme 2017-18, (“B.Sc Nursing Programme”). 

2.   Learned counsel for the petitioner submitted that the petitioner has been working as Charge Nurse at P.I.M.S. since 15.12.2004; that the petitioner has successfully completed one-year specialization course in the 2013-14 session; that respondent No.2 (Shaheed Zulfiqar Ali Bhutto Medical University/P.I.M.S.) offered the B.Sc Nursing Programme; that eligibility criteria for the said post is set out in the advertisement issued by respondent No.2; that the petitioner appeared in the admission test held on 04.12.2016 through the National Testing Service (“N.T.S.”) and got 67% marks; that despite having obtained the said marks, the petitioner has not been admitted to the B.Sc Nursing Programme; that in 2015 the petitioner had applied for the said nursing programme and was one of the top ten eligible candidates, but he was unlawfully denied admission in the said nursing programme; that two other persons similarly placed as the petitioner were admitted in the said nursing programme in compliance with the orders passed by this Court in W.P. No.265/2016; that respondent No.2 has granted study leave for two years to two other employees in order to complete their Masters of Science in nursing programme; that respondent No.2 has granted admission to those employees who had not even fulfilled the eligibility criteria; that the petitioner is qualified under the Rules of Pakistan Nursing Council for admission in the B.Sc Nursing Programme; and that the petitioner’s fundamental right has been denied by not admitting him in the said nursing programme.

3.   On the other hand, learned counsel for respondents No.2 and 3 submitted that the petitioner had not obtained a No Objection Certificate ("N.O.C.") from his parent department for the said nursing programme; that the petitioner did not have three years of clinical experience, which was a mandatory requirement for the said nursing programme; that the petitioner had passed his fourth-year/specialization from P.I.M.S. in Anesthesia Nursing in parts; that the petitioner’s final exam was held in September 2015, after which he was awarded Specialized Nursing Diploma; that at the time when the petitioner sought admission in the said nursing programme, he had only two and half years of experience to his credit, which was below the requirement set out in the advertisement; and that the classes for the said nursing program had already started on 04.04.2017, and there are no further seats vacant for the said nursing programme. Learned counsel prayed for the writ petition to be dismissed.