| Citation(s) |
|---|
| 1980 SLG 2059 1980 SLD 2059 = 1980 PLD 10 |
Constitutional Petition No. 284 of 1978. decided on 20th June, 1979.
Before M. A. Rashid and Zakaullah Lodhi, JJ
Muhammad Aslam Chishti for Petitioner. Basharatullah, A: G. (Baluchistan) for
Respondents Nos. 1, 2 and 7. Khalik Malik for
Respondent No. 3.
Respondent Nos. 4 and 8: Ex parte (vide order dated 26-9-78). W. N. Kohli for
Respondent No. 5. Mohammad Moquim Ansari for
Respondent No. 6.
Miss RIFAT PARVEEN-Petitioner
VERSUS
SELECTION COMMITTEE THROUGH PRINCIPAL ADMINISTRATOR BOLAN MEDICAL COLLEGE, QUBTTA AND 7 OTHERS-Respondents
Law: Constitution of Pakistan, 1973
Section: 4, 8(2)
JUDGMENT
M. A. RASHID, J.-This petition challenges the reasonableness of the `l2' years' stay rule as contained in rule 18 under the Heading "Admission Policy" of the Prospectus of the Bolan Medical College Quetta. It is contended that this rule does not apply to the children of Central Government Servants, who arc otherwise eligible. Alternately it is contended that this rule is ultra vires of the fundamental Rights Nos. 4, 15, 22 and 25, as provided in the Constitution. The rule is also attacked on the ground as being unprecedented, being against justice, equity and good conscience. It is also alleged to be unreasonable oppressive and discriminatory. It is contended to be a fraud on the statutes inasmuch as i runs counter to the provisions of Pakistan Citizenship Act, 1951.