Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan---

----Art. 199---Educational institution---Cancellation of admission in MBBS--Allocation of seats to medical student ---Policy matter---Interference by High Court---Scope---Pakistan Medical and Dental Council (PMDC) had allocated 100 seats for medical college in question and High Court could not direct the PMDC to increase the allocation of seats for medical college as this was a policy decision which through their expertise and knowledge of the available resources in this scientific field they were best equipped to deal with and decide on---As per Rules of admission of medical college until the PMDC's portal was closed, the admissions were only provisional, thus, once the credentials of the student "AA" admitted in place of the petitioner stood verified within the given time frame, he was entitled to take the seat allocated for him in the MBBS course on the basis of his position in the merit list and the petitioner's provisional admission necessarily had to be cancelled--Petitioner's admission was provisional until 31st March and in that time student "AA", who was above her on the merit list and who initially had been denied admission based on the wrongful verification of his credentials, was able to have those credentials re-verified in time and as such he was entitled to reclaim his initially wrongfully declined admission to MBBS---Medical college was directed to repay the petitioner her admission fee while giving her liberty to approach the Karachi Medical and Dental College to take back her BDS seat, which she earlier vacated subject to its availability---Constitutional petition was dismissed, in circumstances.

Vice Chancellor Agriculture University Peshawar v. Muhammad Shafiq 2024 SCMR 527 and Muhammad Mumtaz Khan v. Siraj Bibi 2024 SCMR 956 rel.