Case Details

Citation(s)
1991 SLD 1758 = 1991 CLC 1544
Lahore High Court
Intra-Court Appeals Nos.159 and 160 of 1990, heard on 24th February, 1991.
Presented By: Before Irshad Hasan Khan and Muhammad Arif, JJ
Maqbool Elahi Malik, A.-G. for Appellant. M.D. Tahir for
Respondent.

PROVINCE OF PUNJAB---Appellant

VERSUS

MUHAMMAD ARFAN ALI ---Respondent

Law:

Section:

Educational institution--- ---- Migration Policy, R.1.3---Migration of student of Medical College---Discretion vested in Government to allow or refuse migration, was to be exercised justly, fairly, equitably and without being influenced by any extraneous consideration. Maqbool Elahi Malik, A.-G. for Appellant. M.D. Tahir for Respondent. Dates of hearing: 23rd and 24th February, 1991. JUDGMENT IRSHAD HASAN KHAN, J.--This judgment shall dispose of Intra -Court Appeals Nos.159 and 160 of 1990 arising out of consolidated judgments passed by the learned Single Judge of this Court in Writ Petitions Nos. 5182 and 5133 of 1989 whereby the appellant, herein, was directed to decide- the applications afresh of the respondents herein, for migration to King Edward Medical College, Lahore within a period of one month. Mr. Maqbool Elahi Malik, the learned Advocate-General submits that the impugned judgment of the learned Single Judge is contrary to Migration Policy which was adopted by the Provincial Government for regulating admissions in the Medical Colleges inasmuch as, according to the rules, admission to the Medical Colleges and the seats have been allocated to each College against which the candidates are granted admission on the basis of merit in order of priority accorded to Medical Colleges. The respondents having the lowest merit, were admitted in Quaid-e-Azam Medical College, Bahawalpur/Faisalabad. Subsequently, they applied for migration to join King Edward Medical College, Lahore. This was refused as the case was not covered under rule 1.3 of the Migration Policy which provides as follows:----------- "(iii) The migration can be allowed on compassionate grounds if both the Principals agree. Such migration shall be allowed only after the student has cleared First…
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