| Citation(s) |
|---|
| 1997 SLG 1246 1997 SLD 1246 = 1997 PLD 92 |
Quetta High Court
Constitutional Petition No.284 of 1996, decided on 23rd December, 1996
Presented By: Before Iftikhar Muhammad Chaudhry and Mir Muhammad Nawaz Marri, JJ
H.Shakil Ahmed for Petitioner. M.S. Rakhshani for
Respondent No. 1. Ch. Ejaz Yousuf, A.-G. for
Respondents Nos.2 and 4. Raja M. Afsar for
Respondent No.5.
Constitutional Petition No.284 of 1996, decided on 23rd December, 1996
Presented By: Before Iftikhar Muhammad Chaudhry and Mir Muhammad Nawaz Marri, JJ
H.Shakil Ahmed for Petitioner. M.S. Rakhshani for
Respondent No. 1. Ch. Ejaz Yousuf, A.-G. for
Respondents Nos.2 and 4. Raja M. Afsar for
Respondent No.5.
Miss ZUBIA BUGTI---Petitioner
VERSUS
SELECTION COMMITTEE FOR ADMISSION IN FIRST YEAR M.B.,B.S. through Chairman, Balochistan Public Service Commission and 4 others---Respondents
Law:
Section:
Prospectus of Bolan Medical College, 1995-96--- ----Pasa. 14---Constitution of Pakistan (1973), Art. 199---Educational institution---Constitutional petition---Seats reserved for Doctors' children for admission in First Year M.B.,B.S. Class---Conditions---Seats reserved for Doctors' children were to be distributed on Provincial basis in terms of para. 14, Prospectus of Bolan Medical College 1995-96---Children of Doctors who were local/domicile of Balochistan or possessed valid permanent residence certificate of Balochistan were not required to establish that they actually belonged to any particular District/Agency.--[Educational institution]. Interpretation of statutes--- ---- Particular provision of a statute must be read in its ordinary and plain meaning, without supplying any omission. Prospectus of Bolan Medical College, 1995-96--- ----Para. 14---Constitution of Pakistan (1973), Art. 199---Educational institution ---Constitutional petition---Reserved seat for doctors' children in First year M.B.,B.S. Class of Medical College---Petitioner's father was admittedly serving in Provincial Health Services of Balochistan as Doctor for many decades---Petitioner being daughter of such person was eligible against seat reserved for Doctors' children falling under specific category of para. 14 of the Prospectus---Selection Committee had, thus, rejected petitioner's application for admission without jurisdiction and passed impugned order, which was perverse, contrary to prospectus, erroneous and based upon illegal interpretation of various provisions of the Prospectus---High Court while exercising jurisdiction under Art.199 of the Constitution was competent to interfere in such orders-- Order passed by Selection Committee whereby petitioner's application for admission to First Year M.B.,B.S. Class of Medical College was rejected (although she had more marks than respondent) was declared to have been passed without jurisdiction and lawful authority---Petitioner was found to be eligible for admission in M.B.,B.S. class of Medical College, against seat reserved for Doctors' children. 1975 SCMR 123; PLD 1981 Kar. 620; 1981 CLC…